Florida Formal Administration

In Florida, if an estate is larger than $75,000 and the decedent has passed away within the last two years, or if a personal representative is needed to act on behalf of the deceased, the estate must go through the formal probate administration process. Before beginning a formal probate, you must obtain legal representation.

At the Law Office of Silverman, Mack & Associates, we offer sound legal advice and counsel from a experienced Gainesville probate lawyers. Due to our use of remote technologies and efficient processes, we are able to serve clients statewide, as well as out-of-state parties who need an attorney for a formal administration in Florida.

The Formal Administration Probate Process In Florida

What Is Formal Probate?

Formal probate typically refers to the process of alleviating issues in a decedent's estate that prevents the probate process from going smoothly. In most cases, it involves discrepancies in wills, trusts and other crucial documents governing the decedent's assets.

Florida formal administration is the standard form of probate and applies to many estates. In addition to the size of the estate (greater than $75,000) and the length of time that has passed since the decedent died (two years or less), many estates must go through the formal probate administration process to effectively deal with creditor claims. The process includes:

  1. Opening the estate, appointing a personal representative, and admitting the will to probate
  2. Notifying creditors (90-day publication period and 30-day notice period)
  3. Closing the estate, including paying creditors and distributing assets to beneficiaries

If you have been appointed as a personal representative in a will, it is important to contact a knowledgeable Florida probate attorney before paying creditors or taking other actions. Our firm will guide you through the process while protecting the estate's assets and ensuring the decedent's final wishes are fulfilled in an efficient and cost-effective manner.

Formal Probate vs. Ancillary & Summary Probate

Formal probate differs from ancillary and summary probate. The summary probate process is typically shorter and more convenient than formal probate. And summary probate, unlike formal probate, does not require a personal Florida representative.  

Ancillary probate is necessary when a decadent owns property in another state. The ancillary administration process is required in order to distribute the property to the relevant beneficiaries.

Formal probate is much more expensive and technical than both ancillary and summary probate. The formal probate administration process is easier to understand with the presence of an experienced probate attorney in Florida.

You Need a Florida Probate Attorney

Florida probate can be a highly technical process. Paperwork must be filed properly and in a timely manner to be perceived as legitimate. Investigations into the decedent's estate and family members may become necessary. Furthermore, the overall formal probate process in Florida may take anywhere from 6 weeks to several months to complete.

During this time period, your family may experience emotional distress and anxiety. These feelings are natural. With the assistance of an experienced Florida probate attorney, you can trust that your deceased family member’s assets and property will be properly accounted for and distributed. By assisting with thorough investigations, advocating on the decedent's behalf during private negotiations and guiding you through the overall process, the formal probate administration process becomes less stressful and easier to handle.

Florida Probate Attorneys

At the Law Office of Silverman, Mack & Associates, our experienced probate attorneys proudly serve Gainesville, FL, and the surrounding areas with the formal administration process. Our attorneys are knowledgeable, reliable, and understanding. Contact us today for a free initial consultation.