Orlando Probate Administration Lawyer
This is the working guide for a Florida personal representative: what you have to do, in what order, and by what deadline. It walks through opening the estate, getting Letters of Administration, notifying creditors and running the claim period, filing the inventory, handling homestead and exempt property, and closing the estate. Clyde Lemon handles each filing and deadline directly for personal representatives across Orange, Seminole, and Osceola counties, so the sequence is right and nothing slips.
What a personal representative must do
A personal representative is the person the court puts in charge of settling the estate, and it is a fiduciary job with real duties and real deadlines. The core tasks are the same in every formal administration: get appointed and obtain Letters of Administration, identify and safeguard the estate's assets, give notice to creditors and review the claims that come in, pay valid debts and any taxes in the right order, file a verified inventory, set aside homestead and exempt property for the family, and finally account for everything, distribute what remains, and ask the court to close the estate and discharge you. You do not do this alone. In a Florida formal administration the personal representative is generally required to be represented by an attorney, and Clyde handles the petitions, notices, and accountings while keeping you on schedule.
Documents needed to open the estate
Opening goes faster when the paperwork is gathered up front. Clyde typically starts with the original signed will (and any codicils), a certified copy of the death certificate, and the names and addresses of the people named in the will and the heirs who would inherit under Florida law. It also helps to have a working list of what the decedent owned in their sole name: bank and brokerage statements, deeds for any real estate, vehicle titles, and recent bills that point to possible creditors. The personal representative will sign an oath and the required designations of resident agent and address as part of the petition. You do not need every account number on day one, but the more complete the asset and creditor picture is at the start, the cleaner the rest of the administration runs.
Formal administration, step by step
Formal administration follows a fixed arc. First, a Petition for Administration is filed in the probate division for the county where the decedent lived, and the court appoints the personal representative and issues Letters of Administration. Next, the representative publishes a Notice to Creditors, serves known creditors, and lets the claim period run while gathering and valuing assets. A verified inventory is filed within sixty days of Letters. Valid creditor claims, administration expenses, and any taxes are then paid from estate assets in the order Florida law requires. Finally, the representative prepares a final accounting, distributes what remains to the beneficiaries, and petitions for discharge, and the court's order closes the estate. A straightforward case commonly runs about six months to a year, paced largely by the creditor claim period that has to run before the estate can close.
Summary administration, when it fits
Not every estate needs the full formal process. Summary administration is a shorter path that is generally available when the value of the non-exempt probate assets is $75,000 or less, or when the decedent has been deceased for more than two years. In summary administration no personal representative is appointed and there is no separate appointment or set of Letters; instead the court enters an order distributing the assets directly to the people entitled to them. Because there is no representative managing an open estate, the people who receive assets can remain responsible to creditors for a period after distribution. Summary administration is faster and less expensive when it genuinely fits, and Clyde will tell you at the consultation whether the estate qualifies or whether formal administration is the safer route.
Notice to creditors and the claim period
Giving creditors proper notice is one of the representative's central duties, and it sets the pace of the whole case. The personal representative publishes a Notice to Creditors once a week for two consecutive weeks, and also serves a copy directly on creditors who are known or reasonably ascertainable, which usually means checking the decedent's mail, statements, and records for outstanding debts. A creditor then has the later of three months from the first date of publication, or thirty days from the date it was served, to file a claim with the court. The representative reviews each claim that comes in and can file an objection to one that is untimely, already paid, or otherwise invalid, which forces the creditor to take further action or drop it. The estate generally cannot be safely closed until this window has run and the claims are resolved.
Inventory and accounting
Two filings document what the estate held and where it all went. The verified inventory is due within sixty days of the court issuing Letters, and it lists the estate's assets at their date-of-death value, often supported by appraisals for real estate or unique property. Keeping clean records from the start matters here: the representative should open an estate account, run estate money through it rather than through personal accounts, and keep receipts for every payment. At the end of the administration the representative prepares a final accounting that shows everything that came in, everything that was paid out, and what remains for the beneficiaries. Beneficiaries are entitled to review the accounting, and a clear, well-supported one is what lets the court approve distribution and close the estate without disputes.
Homestead and exempt property
Some of the most valuable assets are handled outside the ordinary creditor process, and getting this right protects the family. Florida homestead, the decedent's protected primary residence, generally passes outside probate to the surviving spouse or heirs and is protected from most creditors of the estate, though a petition is usually filed to have the court confirm the property's homestead status. On top of that, Florida law sets aside certain exempt property, such as household furnishings and a vehicle within statutory limits, plus a family allowance, for the surviving spouse and children, ahead of general creditors. These protections are not automatic in the sense of needing no paperwork; the representative or the family typically has to claim them in the probate case. Clyde identifies what qualifies and files the requests so the family keeps what the law intends them to keep.
Distributing assets and closing the estate
Distribution comes last, and the order matters. Only after the claim period has run and valid debts, administration expenses, and any taxes are paid does the representative distribute what remains, to the beneficiaries named in the will or, if there is no will, to the heirs under Florida's intestacy law. The representative then files a final accounting and a petition for discharge, along with proof that the beneficiaries received their shares. The court's order of discharge formally closes the estate and releases the personal representative from further duty. That discharge is what the representative wants: it is the document that confirms the job is finished and protects them from later second-guessing, which is why the file has to be complete and the accounting has to balance before it issues.
When a personal representative can be personally liable
The deadlines and the order of payment are not just formalities; they are what protect the representative from personal liability. The most common exposure is distributing to beneficiaries too soon, before valid creditor claims, expenses, and taxes are resolved. If the estate then comes up short, the representative can be held personally responsible for the amounts that should have gone to those claims, because the money was paid out in the wrong order. Other risks include missing the inventory or notice deadlines, paying an invalid or untimely claim instead of objecting to it, mixing estate funds with personal funds, or failing to keep the records needed to support the accounting. Following the statutory sequence, with claims and taxes handled before distribution, is exactly what shields a careful representative, and it is the part Clyde manages most closely.
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Frequently Asked Questions
What are Letters of Administration?
Letters of Administration are the court document that authorizes the personal representative to act for the estate: to access accounts, sign documents, and transfer assets. Banks, the DMV, and other institutions require them before they will release anything, so obtaining Letters is one of the first steps after the court makes the appointment.
When does the creditor claim period start, and how long is it?
It starts on the date the Notice to Creditors is first published. A creditor generally has three months from that first publication to file a claim, or thirty days from the date it was served directly, whichever is later. The estate usually cannot be safely closed until that window has run and the claims are resolved.
How soon must the personal representative file the inventory?
The verified inventory is due within sixty days of the court issuing Letters of Administration. It lists the estate assets and their date-of-death values, and real estate or unusual assets often need a formal appraisal to support the values.
Can the personal representative be paid?
Yes. Florida law allows reasonable compensation for both the personal representative and the estate attorney, generally figured as a percentage of the estate, and paid from estate assets rather than out of your own pocket. A representative who is also a beneficiary often chooses to waive the fee.
What happens if assets are distributed too early?
Distributing to beneficiaries before valid creditor claims, expenses, and taxes are resolved can make the personal representative personally liable for amounts that should have gone to those claims. Following the statutory order and deadlines, with debts and taxes handled before distribution, is what protects the representative.
Do all estates need formal administration?
No. Smaller or older estates may qualify for summary administration, generally when non-exempt probate assets are $75,000 or less or the decedent has been deceased more than two years. Summary administration appoints no personal representative; the court orders distribution directly. Clyde will tell you which path your situation actually calls for.
What documents do I need to start?
Usually the original signed will and any codicils, a certified copy of the death certificate, the names and addresses of beneficiaries and heirs, and a working list of what the decedent owned in their sole name, such as bank and brokerage statements, deeds, and vehicle titles. A list of likely creditors helps too. You do not need every detail on day one, but a fuller picture at the start makes the rest of the case go more smoothly.
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