The Complete Guide to Florida’s Primary Probate Process

Experienced Florida Probate Attorneys Helping Families Navigate Formal Administration from Start to Finish

When a loved one passes away, families are often faced with unfamiliar legal responsibilities while also coping with grief. If the deceased owned assets requiring probate, the estate may need to proceed through Formal Administration, Florida’s primary probate process.

Formal Administration provides a structured legal framework for identifying assets, appointing a Personal Representative, paying valid creditor claims, resolving disputes, and distributing property to beneficiaries in accordance with Florida law.

At St. Johns Law Group, our attorneys guide Personal Representatives, beneficiaries, trustees, surviving spouses, and families throughout St. Augustine, Ponte Vedra, Nocatee, Jacksonville, Palm Coast, Flagler County, St. Johns County, and Northeast Florida through every stage of Formal Administration. Our probate team also works closely with the firm’s real estate, title, business, tax, and litigation attorneys to address complex issues that frequently arise during estate administration.

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What Is Formal Administration?

Formal Administration is the most common type of probate proceeding in Florida. It is generally used when an estate does not qualify for Summary Administration or when the complexity of the estate requires ongoing court supervision.

Unlike Summary Administration, Formal Administration typically includes:

• Appointment of a Personal Representative
• Issuance of Letters of Administration
• Collection and management of estate assets
• Notice to creditors
• Payment of valid debts and expenses
• Preparation of required court filings
• Distribution of estate assets
• Closing of the estate through court approval

Although every estate is different, Formal Administration provides an orderly process for protecting beneficiaries, creditors, and the decedent’s wishes.

When Is Formal Administration Required?

Formal Administration may be appropriate when:

• The estate does not qualify for Summary Administration.
• Probate assets exceed the applicable statutory threshold for Summary Administration.
• The decedent died less than two years ago and the estate otherwise does not qualify for Summary Administration.
• A Personal Representative is needed to manage estate assets.
• There are outstanding creditor issues.
• The estate owns multiple parcels of real estate.
• Business interests require management.
• Litigation or disputes are anticipated.
• Ongoing court authority is necessary.

Every estate should be evaluated individually before determining the proper probate procedure.

Step-by-Step Timeline of Florida Formal Administration

Typical Probate Workflow
(Actual timing varies depending on the estate, court workload, creditor claims, tax issues, and litigation.)

General Timeline

*These are general educational estimates, not guaranteed deadlines.

Step 1 — Opening the Probate Estate

The process begins by gathering key documents and evaluating the estate.

Typical documents include:

• Original Will
• Death Certificate
• Trust documents (if applicable)
• Property deeds
• Bank information
• Investment statements
• Vehicle titles
• Business ownership documents
• Insurance policies
• Beneficiary designations

Our attorneys review these materials to determine the appropriate probate strategy.

Step 2 — Filing the Petition

The probate process officially begins by filing the appropriate pleadings with the circuit court in the county where venue is proper.

Depending on the circumstances, filings may include:

• Petition for Administration
• Oath of Personal Representative
• Designation of Resident Agent (when required)
• Original Will
• Death Certificate
• Related probate pleadings

Step 3 — Appointment of the Personal Representative

One of the court’s first responsibilities is appointing the Personal Representative.

The Personal Representative serves as the fiduciary responsible for administering the estate.

Common responsibilities include:

• Protecting estate assets
• Opening estate bank accounts
• Maintaining insurance
• Hiring professionals
• Managing investments
• Communicating with beneficiaries
• Paying valid debts
• Filing required documents
• Completing final distributions

Once appointed, the court issues Letters of Administration, which provide evidence of the Personal Representative’s legal authority.

Step 4 — Identifying & Securing Estate Assets

The Personal Representative must identify, collect, and safeguard probate assets.

These may include:

• Homes
• Condominiums
• Commercial real estate
• Vacant land
• Bank accounts
• Brokerage accounts
• Retirement assets payable to the estate
• Vehicles
• Boats
• Business interests
• Personal property
• Digital assets

Protecting assets early helps preserve value during administration.

Step 5 — Notice to Creditors

Florida probate includes procedures for notifying creditors.

The process generally involves:

• Publishing a Notice to Creditors when required.
• Serving known or reasonably ascertainable creditors.
• Allowing the applicable claim period to run.
• Evaluating and resolving claims in accordance with Florida law.

Creditor issues are often one of the most important factors affecting the length of probate.

Step 6 — Estate Administration

During administration, the Personal Representative works to:

• Collect assets
• Manage real estate
• Maintain insurance
• Preserve investments
• Obtain appraisals
• Resolve tax matters
• Sell assets when appropriate
• Maintain records

Because St. Johns Law Group includes experienced real estate attorneys, title professionals, and litigators, we can assist with probate matters involving homes, commercial property, investment property, and business interests.

Step 7 — Selling Estate Property

Many estates require the sale of:

• Residential homes
• Commercial property
• Investment real estate
• Vacant land
• Business assets

We assist clients with:

• Probate real estate sales
• Title examination
• Closing services
• Contract review
• Homestead questions
• Distribution planning

Step 8 — Accounting & Distribution

Before closing an estate, the Personal Representative may be required to account for estate administration activities and distribute remaining assets as permitted by law and court orders.

Typical distributions include:

• Cash
• Real estate
• Investments
• Personal property
• Business interests

Step 9 — Closing the Estate

After administration is complete, the Personal Representative files the appropriate closing documents.

Once the court enters the necessary orders, the estate may be formally closed.

Frequently Asked Questions

How long does Formal Administration take?

There is no fixed timeline. The duration depends on factors such as the complexity of the estate, creditor claims, tax issues, real estate, court scheduling, and whether disputes arise.

Do I have to appear in court?

Many probate matters are handled through filings without extensive court appearances, although hearings may be required in some cases.

Can I sell estate property during probate?

Often yes, but the authority to sell depends on the governing documents, court orders, and the circumstances of the estate.

Can beneficiaries receive distributions before probate is complete?

In some situations, partial distributions may be appropriate. Whether that is advisable depends on the estate’s assets, liabilities, and administration status.

What if someone contests the will?

Contested probate may require additional court proceedings. Our probate litigation team represents clients in will contests, fiduciary disputes, trust litigation, and related matters.

Why Choose St. Johns Law Group?

Our probate practice is strengthened by attorneys with experience in:

• Summary Administration
• Probate Litigation
• Probate Administration
• Personal Representative Duties
• Estate Administration
• Probate Litigation
• Will Contests
• Trust Litigation
• Guardianships
• Estate Planning
• Business Succession
• Real Estate Transactions
• Title & Closings
• Asset Protection
• Commercial Litigation

This multidisciplinary approach allows us to address nearly every legal issue that may arise during probate.

Schedule a Consultation with a Florida Formal Administration Attorney

Whether you have recently lost a loved one, have been named as a Personal Representative, or have questions about opening a probate estate, the attorneys at St. Johns Law Group are here to help.

Contact us today to schedule a consultation and receive practical guidance tailored to your family’s needs.

 Call us today at (904) 495-0400 or email info@sjlawgroup.com directly.

At St. Johns Law Group, we are committed to delivering the Dedicated & Responsive Service® you can count on.