The Short Answer

In Florida, “letters of administration” are issued by the probate court after a Petition for Administration is filed and the court appoints a personal representative (the person authorized to act for the estate). Florida does not use “AOC forms” (those are typically associated with other states); instead, Florida uses Florida Probate Rules and commonly used probate forms (often labeled “P-” forms) that can vary by county.

What Florida Law Says

Florida probate courts issue letters when the court determines (1) the court has jurisdiction/venue, and (2) the proposed personal representative has the legal right and qualifications to serve. If there are multiple people with potential priority (for example, spouse vs. adult children), the court may require formal notice and/or written waivers/consents before appointing anyone.

The Statute

The primary law governing priority for appointment (and the court’s issuance of letters) is Fla. Stat. § 733.301.

This statute establishes an order of preference for who should be appointed personal representative (e.g., in intestate estates, the surviving spouse is generally first in line; in testate estates, the person nominated in the will is generally first).

Why You Should Speak with an Attorney

Even when everyone agrees, getting letters issued can become complicated quickly because the court’s decision depends on the estate’s facts, the will (if any), and whether anyone has equal or higher priority. Legal outcomes often depend on:

• Priority and objections: If someone else has equal or higher priority under Fla. Stat. § 733.301, the court may require waivers, formal notice, or a hearing.
• Eligibility issues: Whether the proposed personal representative is qualified can be disputed, and Florida has specific qualification rules. (For example, residency and other limitations can matter.) See Fla. Stat. § 733.302.
• Wrong “forms” problem: Many people search for “AOC forms,” but Florida’s probate paperwork is different and can be county-specific. Filing the wrong petition type (testate vs. intestate; resident vs. nonresident; single vs. multiple petitioners) can delay appointment and access to estate assets.

If your goal is to access bank accounts, sell property, or deal with creditors, delays in getting letters can create real financial risk. A probate attorney can confirm the correct petition, required notices/waivers, and the exact local form set your county judge expects—without you having to guess.

For more background, you may also find helpful: Do I Need Letters Testamentary (Letters of Administration) in Florida to Sell Estate Assets? and How Do I Handle a Dispute Over Who Should Be Appointed Personal Representative in Florida?.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.