What Is Estate Administration?
Estate administration is the legal process of managing a deceased person's assets and distributing them to beneficiaries through the Florida probate court system. Governed by Chapters 731-735, Florida Statutes, the process ensures that debts are paid, taxes are filed, and property is distributed according to the decedent's will or Florida intestacy law.
Types of Florida Probate
- Formal administration: Required for estates over $75,000; involves full court supervision, creditor notice, and detailed accounting
- Summary administration: Available for estates under $75,000 or when the decedent has been dead for more than 2 years; streamlined process
- Disposition without administration: Available for very small estates consisting only of exempt property and non-exempt assets insufficient to pay funeral expenses
Personal Representative Duties
- File the will and petition for administration with the circuit court
- Inventory and value all estate assets
- Publish notice to creditors and pay valid claims
- Manage and protect estate property during administration
- File tax returns (income, estate, and gift tax)
- Distribute assets to beneficiaries per the will or intestacy law
- File a final accounting with the court
Real Estate in Estate Administration
Florida real property owned by the decedent passes through probate unless held in a trust, titled as joint tenants with right of survivorship, or subject to a beneficiary designation. The personal representative may need to sell real property to pay debts or distribute proceeds to beneficiaries.
Related Terms
- Executor — The person named in the will to administer the estate
- Estate Planning — Pre-death planning to simplify administration
- Evidence of Title — Title documentation for estate property
Barnes Walker Probate
Barnes Walker's probate attorneys guide personal representatives through every stage of Florida estate administration, from court appointment through final distribution. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 731–735 (Florida Probate Code)
The Florida Probate Code governs the administration of decedents' estates, including the appointment of personal representatives, creditor claims, and distribution of assets.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC