The probate process–the legal steps required to transfer someone’s assets after they pass away–often feels overwhelming to the person’s heirs, especially as it is generally undertaken around the time of deep emotional loss.
One of the legal documents completed early in the probate process is a notice of administration. Understanding this notice is key to protecting your rights as a beneficiary and ensuring the estate is properly administered.
This blog is part of our effort at the Law Office of Gary M. Landau, located in Coral Springs, to simplify the steps of the Florida probate process. Of course, everyone’s situation is unique, and we are happy to consult to discuss your specific needs.
What is a Notice of Administration?
Notice of administration is the legally required notice sent after a deceased person’s will has been filed with the probate court. It follows the creation of the letters of administration from the court, that appoints the personal representative (PR) who will handle the estate.
The notice is intended to inform all beneficiaries and legal heirs that the probate has started. The notice provides important information about the estate and the person appointed as the personal representative. The lawyer handling the probate generally drafts and sends the notice of administration in consultation with the PR. The document is also routinely filed with the court.
(See What Does It Mean to Be a Personal Representative in Someone’s Will)
In Florida, the notice of administration is governed by the Florida Probate Rules and Florida Statutes, specifically Chapter 733. This statute describes the steps required for a probate to lawfully proceed.
Why is Someone Sent a Notice of Administration?
A notice of administration must be sent to people with a legal interest in the estate. This is done to increase transparency, since it gives everyone who might have a role in the estate the opportunity to understand their rights and responsibilities.
Typically, recipients of a notice of administration include:
Beneficiaries and Heirs
Beneficiaries specifically named in the will as well as relatives who under Florida law automatically inherit parts of the estate are sent these documents. This document makes them aware of their upcoming inheritance.
Family Members and Spouses
Spouses and other immediate family members are also recipients of the notice. This includes people who may not be included in the will. The notice informs them about the estate, in case they believe they were improperly excluded and plan to take legal action.
The notice provides clarity to everyone involved and reduces the likelihood of last-minute disputes.
Timing and Publication Requirements
The notice of administration follows the depositing of the will with the court and the receipt from the court of the letters of administration that officially opens the probate.
Florida law sets a specific timeframe that the notice of administration needs to be sent to everyone involved, which is within three months of the date the will is admitted to probate.
Laws governing this aspect of probate are designed to protect beneficiaries and potential beneficiaries, by informing them that the probate is occurring early in the process.
Separate from a Notice to Creditors
A notice of administration is different from the document sent to creditors of the estate. That is called a notice to creditors, and it sets out a timetable for when creditors must make claims against the estate, according to deadlines set by Florida law. The law requires that all valid debts must be paid by the estate before assets can be distributed to the beneficiaries.
In most cases, based on Florida statutes, a notice to creditors must be published in a newspaper. By contrast, the notice of administration does not need to be published.
Why a Notice of Administration Matters
Receiving a notice of administration is often the first time the estate’s beneficiaries become aware that the estate has been opened. No one can subsequently claim they didn’t know this information in time to take a desired action.
Key Information Provided in the Notice
The notice of administration provides:
- Information about the personal representative managing the estate, including their name and how to reach them.
- A timetable if any beneficiaries might also be creditors to file their credit claims, generally 90 days after the notice of administration is sent.
- An opportunity for beneficiaries or other family members to consider contesting the will if they have concerns about its legality.
Ignoring the notice or failing to act within specified deadlines can lead someone to lose their right to make claims or mount legal challenges.
Role of a Probate Attorney
An experienced probate attorney helps the personal representative and the beneficiaries understand the probate process so they can proceed through it without concern. These steps include the notice of administration, which the probate attorney, working with the personal representative, generally drafts.
How a Probate Lawyer Can Help
A good probate lawyer:
- Clearly outlines all the steps required to open and proceed with a probate.
- Explains the purpose and implications of the notice of administration.
- Ensures all steps in the probate administration complies with Florida law.
Whether you have a probate in Coral Springs, Fort Lauderdale, Boca Raton, South Florida, or anywhere in the state of Florida (probates are generally performed in the county where the deceased person resided), consulting with an experienced probate lawyer provides clarity about the probate procedure.
The guidance and legal services from a longtime probate attorney reduces the personal representative’s stress and helps families avoid time-consuming and, sometimes, costly mistakes during the probate administration.
Common Questions About a Notice of Administration
Many prospective clients come to the Law Office of Gary M. Landau with questions about how to create and file the notice of administration as well as other aspects of the probate process.
Typical Issues People May Have
Some of the questions clients face include:
- Confusion about the deadlines for filing the will and/or sending the notice of administration.
- Questions about whether the notice of administration must be sent to creditors (it doesn’t; that’s done via the separate notice to creditors).
- Uncertainty about the responsibilities shouldered by the personal representative.
- Questions about how the timing of the notice of administration relative to the letters of administration or other probate actions.
By addressing these concerns early, the legal team at the Law Office of Gary M. Landau helps clients take steps to protect their interests. The firm also ensures clear communication throughout the probate process.
How the Probate Process Works in Florida
Probate in Florida involves multiple steps designed to manage the estate and distribute assets according to the deceased person’s wishes as well as state law. These steps provide structure and transparency for all parties. A notice of administration is one of those steps.
(See What Are The Steps Involved in Probate in Florida?)
Step-by-Step Overview
The probate process typically includes:
- Filing the will with the probate court and petitioning for probate. In some cases this is done right away; in rare cases it can be beneficial to wait two years. The step of filing the will officially begins the probate process.
- Receiving letters of administration from the court. This indicates that the court has accepted the will and has appointed the person who will serve as personal representative.
- Identifying all relevant parties (including acquiring current addresses) and issuing the notice of administration to beneficiaries, heirs, and close relatives.
- Informing creditors about the person’s death via a notice to creditors.
- Inventorying and appraising the estate’s assets. Accurate valuation of property is necessary for proper administration and equitable distribution.
- Paying all valid debts as well as taxes, if required. The estate must satisfy all outstanding obligations before the court permits distributions to beneficiaries.
- Distributing assets to beneficiaries according to the will, or according to Florida law if no will exists.
Don’t search for “estate lawyers near me” in South Florida. Our law firm can help you complete each step of the probate process properly and easily.
Avoid Probate Problems by Planning Your Own Estate
The notice of administration is one aspect of an ongoing probate process. However, proactive planning of your own estate can help your family avoid potential disputes and protect assets at the end of your life, as well.
Benefits of Planning Ahead
Families benefit from planning:
- Clarify your wishes in a last will and testament and/or a trust.
- Protect your assets.
- Reduce the likelihood of future disputes among family members,
- Ensure your property is transferred as smoothly as possible after your death.
Having knowledgeable legal guidance during probate and during an estate planning process makes these processes so much smoother.
Working with the Law Office of Gary M. Landau
At the Law Office of Gary M. Landau, our Coral Springs-based legal team focuses on clear communication and support tailored to each client’s situation. Whether you are dealing with a notice of administration, have been named a personal representative, or want guidance throughout the probate process, we are here to help. The law firm offers a free consultation to review your situation and explain how Florida probate law applies, allowing clients to make informed decisions with confidence.
Schedule a Consultation Today With the Law Office of Gary M. Landau, Located in South Florida
If you have received a notice of administration or need assistance with probate in Coral Springs, Parkland, Fort Lauderdale, West Palm Beach, or Boca Raton, the Law Office of Gary M. Landau can guide you through the legal process, protecting your interests and providing peace of mind.
With more than 25 years of experience in our practice areas and countless satisfied clients, attorney Gary M. Landau and his team are uniquely positioned to help you with your probate and real estate title and closing needs in Coral Springs, Parkland, Boca Raton, and throughout Florida. Whether you’re ready to probate a loved one’s estate or to write your own will, or if you are purchasing a home, have inherited a home, want to change your deed, or want a closing agent to handle title insurance and all documents for your closing or refinancing, the LAW OFFICE OF GARY M. LANDAU, P.A. is ready to work with you.
Call our office at (954) 979-6566 or complete our online form today to schedule a consultation at no cost. We happily work with our clients in person, over the phone, or on Zoom.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction.
LAW OFFICE OF GARY M. LANDAU, P.A.
7401 Wiles Road, Suite 204
Coral Springs, FL 33067
(954) 979-6566
https://garylandau.com/