Florida Formal Administration Attorney

Formal administration is the full probate process under Florida’s Probate Code, Chapters 731 through 733. For estates that come out of a contested guardianship, it is almost always the right path because the disputes that drove the guardianship contest rarely vanish at death. This page explains how formal administration works and where the prior guardianship record matters most.

When Formal Administration Applies

Formal administration is required when the non-exempt estate exceeds $75,000 and the decedent died within the last two years, and it is strongly advisable whenever litigation is likely. A ward whose guardianship was contested over capacity, accounting, or fiduciary selection is a classic candidate, because the same parties usually reappear as probate objectors.

Appointing the Personal Representative

The court appoints a personal representative who must be qualified under Florida law. A Florida resident or certain close relatives may serve; many non-relative out-of-state individuals cannot. When the former guardian seeks to serve as personal representative, opposing parties often object based on conduct alleged during the guardianship. The court weighs those objections under the Probate Code and the will’s nomination.

Carrying the Guardianship Record Forward

A guardian must file a final report and accounting after the ward dies. Approval, or objection, to that final accounting frequently sets the tone for probate. Funds, real property, and personal items inventoried during guardianship should reconcile with the probate inventory. We use the guardianship file to identify missing assets and to support or defend surcharge claims.

Creditor Claims

The personal representative must publish a notice to creditors and serve known creditors. Creditors generally have three months from first publication, or 30 days from service, to file claims. Medical and care-provider bills accrued during a contested guardianship are common claims and must be evaluated for validity and priority.

Inventory, Accounting, and Distribution

The personal representative files an inventory, manages assets, resolves claims, and ultimately distributes the estate. Homestead and other exempt property are handled separately. If a surviving spouse asserts the elective share under Florida Statute 732.2065, distribution waits until that claim is resolved.

Consult a Florida Attorney

Formal administration involves strict deadlines and fiduciary duties. This information is general and not legal advice for your case. Speak with a licensed Florida attorney before serving as personal representative or filing objections, especially when a contested guardianship preceded the death.