The Basics of a Florida Letter of Administration

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By Gary M. Landau, Esq.

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The Basics of a Florida Letter of Administration

When a close family member dies, relatives face bank accounts they cannot access, property they cannot transfer, and bills that need to be paid. Families in Coral Springs, Parkland, and throughout South Florida quickly discover that without a Florida Letter of Administration, they do not have legal authority to act on behalf of the deceased person’s estate.

Questions about the Florida probate process, court filings, and who has the right to serve as the key legal contact, known as a personal representative, quickly arise after someone dies. At the LAW OFFICE OF GARY M. LANDAU, we guide clients compassionately through Florida probate administration with clarity and practical advice rooted in Florida law.

Highlights at a Glance

  • Probate is the process by which assets of a person who has died are legally transferred to their heirs.
  • A Florida Letter of Administration, which begins the probate process, appoints someone as the personal representative (known as a PR) who will manage the estate.
  • A Florida Letter of Administration is required for all estates that will go through Formal Probate in Florida.
  • The personal representative has many legal duties under Florida law regarding assets, beneficiaries, creditors, and debts.
  • After gathering all assets and paying all lawful debts, the PR oversees the distribution of the assets to beneficiaries according to the deceased person’s will or Florida law.
  • Mistakes and complications can be avoided during probate and estate administration by working with an experienced Florida estate administration attorney if you have been named as the personal representative of an estate.

What Is a Florida Letter of Administration?

After a person dies, assets in their name–including real estate, bank accounts, investment funds, business interests, and other items–must go through the legal process known as probate, before they can be transferred to the person’s beneficiaries.

The document issued by the Probate Court that starts the process is known as a Florida Letter of Administration. That document formally appoints a personal representative to manage the estate of the deceased person, legally known as a decedent. Under Florida probate laws found in Chapter 733 of the Florida Statutes, only after receiving Letters of Administration is the appointed person authorized to act on behalf of the estate.

In simple terms, Letters of Administration allow the personal representative to:

  • Access and marshal the decedent’s assets.
  • Open and manage an estate bank account.
  • Notify creditors, including via publication, and pay all valid claims.
  • Dispose of estate assets such as real property by selling it.
  • Distribute the inheritance to beneficiaries according to a last will or Florida law.

Until the personal representative receives the Letters of Administration, financial institutions, real estate title companies, and other entities will not recognize the person’s authority to oversee the estate’s assets.

A Letter of Administration appointing someone as the PR should not be confused with a Notice of Administration, The latter is the legally required notice sent by the authorized PR to alert heirs and family members that a probate has started.

When Are Letters of Administration Required in Florida Probate?

Letters of Administration are typically required in Formal administration, one of the main types of probate in Florida. (The other is a Summary administration.)

Formal administration is required when the decedent’s probatable assets are valued above the statutory threshold for summary administration, currently $75,000, and the person died less than two years earlier (when claims by creditors may still be filed).

Letters of administration officially name the individual (or individuals) who will serve as the personal representative. The PR is generally a person named to that role in the will. If there is no will, or if the person named in the will is unwilling or unable to serve, Florida probate laws determine who may fill that role. This person is often a close family member or good friend.

The Florida Probate Process for Letters of Administration

Understanding the Florida probate process helps clarify the roles and responsibilities of the PR. Probate generally follows a series of steps.

(See What Are the Steps Involved in Probate in Florida.)

The first act is for the person to be appointed as the personal representative by getting Letters of Administration. This is done via the following actions:

  • Work with the probate lawyer to draft and file a Petition for Administration with the Probate Court.
  • File the original last will (if one exists) along with the petition.
  • Answer any questions the Probate Court may have about the person’s legal ability to serve as PR (for example, non-relatives living out of state are not eligible).
  • Wait for a probate judge to review the petition.
  • Receive written Letters of Administration by the court.

In Broward County, including Coral Springs, Parkland, and Fort Lauderdale, these documents are filed with the probate division of the 17th Judicial Circuit Court. Documents in other counties throughout the state are filed in other Circuit Court jurisdictions. Law firms with a lot of experience in probate, such as the LAW OFFICE OF GARY M. LANDAU, have worked with nearly every county in the state on probate matters.

Once the personal representative receives the Letters of Administration, they have the authority to act on behalf of the estate, recognized by courts throughout Florida.

Duties of a Personal Representative Under Florida Law

Once appointed by the court, the personal representative has what are known as “fiduciary duties” under Florida probate law, meaning they are legally required to properly handle the person’s assets.

The personal representative must:

  • Identify and safeguard all of the assets of the estate. This includes paying the mortgage, maintenance, and other ongoing fees to protect real estate until it can be sold.
  • Notify beneficiaries via the Notice of Administration that probate has begun, and serve notices to creditors so they can file claims against the estate. A formal notice to potential creditors must also be published.
  • Create an official  inventory of all estate assets, transferring them to the estate account one by one.
  • Pay all valid debts, as well as any income taxes the person owed (and in rare cases for very wealthy individuals, estate taxes).
  • Distribute remaining assets to all heirs according to the will or Florida law.

Failure of the PR to properly take these steps in good faith and in the interest of all beneficiaries can lead to lengthy and costly probate litigation.

Formal Administration vs. Summary Administration

Not every Florida estate requires formal administration. Smaller or older estates may not require so detailed a process. Instead, they can be probated using summary administration if the estate value is below the statutory threshold of $75,000 or if the person died more than two years prior.

Only formal administration requires the appointment of a PR via the issuance of Letters of Administration. In general, formal administration involves more legal steps and closer oversight by a probate judge.

Summary administration, which is generally shorter in duration, does not require the appointment of a PR or the issuance of Letters of Administration.

A Florida probate lawyer can help guide clients as to whether their particular probate requires formal administration or whether it can be done using summary administration.

How Much Does Probate Cost in Florida?

Many people wonder “How much does probate cost in Florida?”

Court costs and filing fees are generally the same for all probates, and are typically several hundred dollars.

Other costs vary greatly, depending on the size and complexity of the estate’s assets. Because larger estates are more involved, attorneys fees for formal administrations are typically charged as a small percentage of the estate’s assets.

Personal representatives are also entitled to compensation under Florida probate law, although not all PRs decide to take the fee. The amount they are entitled to is based on a statutory fee schedule tied to the value of the estate.

If there is litigation over the estate, including contested wills or disputes among beneficiaries or creditors, attorney’s fees will be significantly higher.

Attorney’s fees for summary administration are typically a flat fee, because the process is much faster and simpler. For this reason, some people who do not need to access the estate’s assets right away may choose to wait until the two years have passed, enabling what would previously have required a formal administration to now be done as a summary administration.

Guiding Solutions to Common Challenges and Frustrations in Florida Probate Matters

Clients often come to our law firm after a person’s death feeling overwhelmed by issues such as:

  • Frozen bank accounts and inaccessible property.
  • Lack of understanding over next steps.
  • Uncertainty about estate taxes or claims by creditors.

Florida probate attorneys routinely address these concerns and others, helping families move to clarity in understanding what they must do under Florida law.

Do You Need a Florida Probate Lawyer?

While Florida probate law does not require legal representation in every situation, most probates are best handled by an experienced attorney. This is especially the case with a formal administration that requires a personal representative to be represented by an attorney except in narrow situations. Many individuals searching for probate law firms near me are trying to determine what lawyer they should work with.

Working with an experienced Florida probate administration attorney who explains the process, prepares all documents, and helps the PR fulfill their duties is key. Such attorneys prepare and file the Petition for Administration, communicate with the probate court and judge, help the PR address creditor claims, and more. Experienced probate attorneys help the PR avoid delays caused by incomplete or erroneous filings and reduce the risk of estate litigation.

As a Florida probate lawyer serving Coral Springs, Fort Lauderdale, and Palm Beach, the LAW OFFICE OF GARY M. LANDAU  provides guidance tailored to each client’s circumstances.

What Happens After Letters of Administration Are Issued?

After the court issues Letters of Administration, the personal representative can begin managing the decedent’s estate. This includes gathering all of the decedent’s property and addressing debts.

Eventually, assets are distributed to all beneficiaries. Then the PR files a Petition for Discharge to close the estate and relieve themself of the role. The probate judge must approve the final steps before the estate is officially closed.

Estate Planning and Avoiding Probate Complications

Many Florida families seek guidance on how to set up their own estate to help family members later deal with their probate. A thoughtful estate plan can reduce complications in the future. Tools such as properly titling assets (including creating a lady-bird dead to automatically pass property after death), drafting or updating wills, and sometimes creating a revocable trust are all valuable steps.

A well-crafted estate plan:

  • Clarifies who will serve as personal representative.
  • Determines exactly how much money or which valuables each beneficiary receives.
  • Decides who makes healthcare or even financial decisions before death in cases of severe incapacitation.

Local Guidance for Probate Matters in Coral Springs, Florida

At the LAW OFFICE OF GARY M. LANDAU, we regularly assist families and personal representatives in Coral Springs, Parkland, throughout Broward County, and the entire state with Florida probate matters, including petitions for Letters of Administration and formal administration proceedings. Our law office works directly with the Broward County probate court and other county courts and understands the local filing procedures, judicial preferences, and practical considerations that can affect timelines and court review. We help our clients move forward with clarity and confidence while complying with court requirements and statutory obligations.

Speak with the LAW OFFICE OF GARY M. LANDAU: Schedule a Consultation Today

If you are dealing with a Florida Letter of Administration, addressing creditor claims, handling estate assets after a loved one’s death, or if you have concerns about serving as personal representative, you do not have to face it alone. At the LAW OFFICE OF GARY M. LANDAU, we assist clients throughout Coral Springs, Parkland, Broward and other counties with Florida probates and various probate-related matters.

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/

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Frequently Asked Questions

A will is the simplest way to ensure that your funds, property and personal things will be distributed after your death the way you want them to. Even if you have very few assets, you will benefit from having a will. About half of all Americans die without a will (known in legal terminology as dying intestate). Without a will to indicate your wishes, the court steps in and distributes your property according to state law. A will ensures that your assets will be given to family members or other beneficiaries you designate.

 

Having a will is doubly important if you have young children. One section of the will allows you to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children, who may not be the person you desire.

Many Florida residents have out-of-state wills, drawn up while they were still living among the hills of North Carolina or the hubbub of New York. If the will was valid according to your old state’s laws at the time you made it, it is still legal in Florida. However, if you are a Florida resident, you may benefit greatly by having a new will drawn up in Florida, because it will likely be more easily admitted to probate.

 

It is important to know that each state has its own requirements for what makes a will a legally binding document. For example, Florida doesn’t recognize handwritten wills that haven’t been witnessed (known as “holographic wills”), or oral wills not put into writing, even if other states okay them. There’s also the matter of Florida estate law. In this state, for example, your surviving spouse is entitled to 30 percent of your net probate estate, regardless of what you say in your will. The spouse may also have a “Homestead” interest in property you share here, even if you want your house to go to someone else. In fact, all real property owned in Florida will be subject to this state’s laws, even if you’re a snowbird maintaining a residence in the state where your will was drawn up. Other peculiarities also exist, which is why a Florida will could make things much easier for your heirs.

 

If you would like to have me review your current out-of-state will, I am happy to do so without charge. If it turns out to be in accordance with Florida state laws and procedures, you can continue to rely on it. If not, however, your heirs would rather you discover that now.

It is a good idea to re-read your will every few years to be sure it reflects up-to-date realities (you may not want to leave your heirloom to a niece you are no longer speaking to, nor have someone be named your child’s guardian if they have taken seriously ill since you drafted your will). It is especially important to reexamine your will if:

 

  • You have gotten married since it was last drafted;
  • You have made bequests to people who have fallen out of your favor or are no longer living (I recently updated the will of a man who had left everything to his first wife, who was long deceased), or you have not included people who are now dear to you;
  • You would like to change the person named as the personal representative of the estate. (Note: Florida law does not allow a nonresident of the state to serve in this position, unless it is an immediate family member or certain other relatives);
  • You have acquired pricey or sentimental items that are not accounted for in your will. Do note, though, that Florida law allows you to attach a separate personal property memorandum to your will, detailing who will get which specific items. This list can be changed whenever you want.

Perhaps I should answer this question with where not to store it: in a bank’s safety deposit box. Although it may seem logical to put this with your other important papers, it is often difficult for your heirs to gain access to the box once you die, since the box is sealed then and must be opened in the presence of a bank employee.

 

One good option is to leave your original will with the attorney who drafted it, making copies for your personal representative and other important relatives and letting them know who has the original. For my clients who prefer that I store their original will, I keep it in a fireproof will vault in my office, or in the vault in my bank.

 

As an alternative, you could store the will in a fireproof box or vault in your own home.

 

Wherever you store it, be sure to let your personal representative and other close relatives know where you have put it!

Probate is when the court oversees your assets and liabilities after your death. During probate, the court makes sure that your will is valid and acceptable; that all debts, bills, creditor’s claims, and taxes are paid from your estate’s assets; and that your remaining assets are distributed to your beneficiaries according to your will (or, if no will exists, by Florida law).

 

Probate usually does take longer than most beneficiaries would like. But in order to ensure that everyone with a right to a claim is included in the process, the court requires several steps. If the size and complexity of your estate are minimal, however, the entire process of probate can take as little as a few months. Larger estates that are subject to IRS estate taxes or those involving litigation on the part of creditors or heirs generally take longer, often one or more years.

 

To speed the process along for simple and small estates, the courts allow a shortened form of probate, known as “summary administration,” which requires much less paperwork and time.

A personal representative (PR) is a friend or relative, or an attorney or bank, who is put in charge of the estate until all matters regarding the probate are resolved. (In other states, this person is sometimes called an executor or administrator.) The job of the PR includes identifying all assets, searching for creditors and paying valid claims, filing required estate tax returns if the estate is large enough (the figure escalates over time, according to Congressional laws), coordinating with the probate court and attorneys, and overseeing the distribution of assets–all done under the guidance and assistance of a qualified attorney.

 

Serving as a PR is an important role, and such a person should be selected with care as to who is most willing and best able to serve in this position. By Florida law, your personal representative must be over 18 years of age, and be a blood relative, your spouse, the parent or child of your spouse, or a Florida resident.

Generally, no. If you co-own all property via such legal structures as “tenancy by the entirety” or by “joint tenancy with right of survivorship” the property immediately passed to you upon your spouse’s death. Proof of death is usually all that is needed to pass such jointly owned title for cars, stocks, and other personal property to the surviving spouse.

 

But if even one asset was held solely in the deceased person’s name, or any property is owned in the form of a “tenancy in common,” that estate will be required to go through probate. If the assets are limited, the shorter, simpler form of probate is generally all that is required.
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