Detailed Answer
In Florida, the personal representative (formerly known as the executor) oversees the administration of a decedent’s estate under Chapter 733 of the Florida Statutes. The process and key steps include:
- Identify the proper court: File in the probate division of the circuit court in the county where the decedent resided. (F.S. 733.201)
- File a Petition for Administration: Prepare and submit the petition along with the original will (if one exists) and a certified copy of the death certificate. The petition must comply with F.S. 733.301. A filing fee applies.
- Serve and publish notice: You must mail notice to all beneficiaries and heirs and publish notice to creditors. Florida law requires first-class mailing within 10 days of filing and a newspaper publication once weekly for two consecutive weeks. (F.S. 733.2121)
- Attend the court hearing: After at least 10 days’ notice, the court will hold a hearing to confirm your appointment, review the will’s validity, and assess any objections.
- Receive Letters of Administration: If the court approves, it issues Letters of Administration. These legal documents grant you authority to collect assets, pay debts, and distribute property according to the will or Florida’s intestacy rules. (F.S. 733.302)
- Post bond and take an oath: Unless waived by the will or by agreement of interested parties, you must file a bond and take an oath within 10 days after letters issue.
Typical Timeline
- Filing the petition: Within two years of the date of death to avoid challenges based on delay.
- Notice to creditors: Mailed within 10 days of petition; publication usually completes within three weeks.
- Court hearing: Scheduled 2 to 4 weeks after petition filing.
- Issuance of Letters: Often 3 to 6 weeks after filing, depending on court backlog.
- Creditor claim period: Creditors have two months from the first date of publication to file claims. (F.S. 733.2121)
Disclaimer: This article provides general information about Florida probate procedures and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.