Question 1

What is a petition for administration in Florida?

Accepted Answer

A petition for administration is the document filed with the probate court to begin the administration of a deceased person’s estate. In Florida (Section 733.202): the petition must include: the decedent’s name, date of death, and domicile, whether the decedent left a will, the names and addresses of all beneficiaries and heirs, the nature and approximate value of the estate, the name of the proposed personal representative, and a statement that the proposed personal representative is qualified to serve.

Question 2

Who can file a petition for administration in Florida?

Accepted Answer

Eligible petitioners: the person named as personal representative in the will, any beneficiary under the will, any heir of the decedent (if there is no will), a creditor of the decedent (if no beneficiary or heir has petitioned), and the Florida Department of Revenue (for tax collection purposes). Priority for appointment as personal representative (Section 733.301): the person named in the will has first priority, followed by: the surviving spouse, the person selected by a majority of the heirs, and the next of kin.

Question 3

What happens after the petition is filed?

Accepted Answer

After filing: the court reviews the petition (verifying compliance with Section 733.202), the court admits the will to probate (if there is a will; after examining the will for validity and confirming the proper execution), the court appoints the personal representative (issuing letters of administration), notice to creditors is published (Section 733.2121: in a local newspaper for 2 consecutive weeks; creditors have 3 months to file claims), and the personal representative begins administering the estate (gathering assets, paying debts, and distributing the estate).

Petition for Administration

Petition for Administration in Florida Probate

Required Contents

Who Can File

After Filing

Related Terms

Barnes Walker Probate

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