What steps must be completed before closing an estate in North Carolina? - Florida
The Short Answer
You generally close a Florida probate estate by completing administration (paying valid debts/expenses and handling taxes), preparing a final accounting (unless waived), making final distributions, and then obtaining the personal representative’s discharge from the court. In Florida, the formal “closing” is typically tied to the court entering an order of discharge after the estate has been fully administered and properly distributed.
What Florida Law Says
In a Florida probate, the personal representative is responsible for administering the estate—identifying and collecting assets, addressing creditor claims and administration expenses, and ensuring the remaining assets are distributed to the correct beneficiaries. Once administration is complete, Florida law provides for the personal representative to be discharged, which is important because discharge can cut off future claims against the personal representative related to the administration.
The Statute
The primary law governing this issue is Fla. Stat. § 733.901.
This statute establishes that after administration has been completed, the personal representative shall be discharged, and that discharge generally releases the personal representative and bars actions against them (and the surety) relating to the administration.
Also, in certain cases involving Florida estate tax administration, Florida law can restrict discharge until applicable tax requirements are satisfied. See Fla. Stat. § 198.26.
If you want background on one of the most common “end-stage” requirements, you may find this helpful: What Is the Final Accounting in the Florida Probate Process?
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Florida probate practice commonly expects the estate to move toward final accounting/petition for discharge within set timeframes, and delays can trigger court scrutiny or require additional court involvement.
- Burden of Proof: Before discharge, you may need to show that creditor claims were properly handled, expenses and taxes were paid or provided for, and distributions match the will (or Florida intestacy rules) and any court orders.
- Exceptions: Disputes over beneficiary shares, objections to the accounting, unknown creditors, missing heirs, or tax issues can prevent a clean closing and create personal liability risk for the personal representative if handled incorrectly.
Trying to handle this alone can lead to costly mistakes—especially because “closing” an estate is not just paperwork; it is the point where beneficiaries (or creditors) often raise objections, and where the personal representative is trying to obtain legal protection through discharge.
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.