Formal administration (often called probate administration) is the court-supervised process of collecting a decedent's assets, paying valid claims, and distributing what remains to the people named in the will—or to heirs under Florida law if there is no will.

Many probate hearings in Broward and other Florida circuits may still be conducted by Zoom or other remote means, depending on the assigned division's procedures. We can explain what to expect for your case.

What is Formal Administration (or Probate Administration)?

Probate in Florida is the legal process of settling the estate of a deceased individual under the supervision of the Circuit Court, Probate Division in the County where the decedent resided. There are complex issues such as identifying:

- Did the Decedent die Testate (with a valid Last Will and Testament) or die Intestate (without a valid Last Will and Testament)?

- Who is the proper person to administer the Decedent's Estate?

- Who are the proper heirs to receive from the estate assets?

- What are the valid, enforceable debts that must be paid, and which debts are unenforceable?

- Are there protected assets, such as homestead real property, that creditor claims cannot attach?

- Have both the Heirs and the Creditors received a valid Notice of the Administration so that the Estate may be settled with certainty?

Formal probate administration is a structured process that balances the rights of the beneficiaries (heirs) and the creditors' rights to claim the Decedent's assets.

How long does a Formal Probate?

Every estate administration is different, and the issues that need to be resolved are different. The best answer is that, at a minimum, a Formal Probate Administration will take at least six to eight months, and most likely longer. We map out the process for you, and let you know the issues so that you are aware of what is happening and what is next. Simplified Probate Administration Process Flow Here

Knowing the next steps to settle their affairs can be overwhelming when someone you love dies. We are here to guide you through the process and address all of your concerns. We will explain how Florida estate administration laws apply to your case in a way you can understand.

Give us a call. We can help.

Law Office of Shawn C. Newman, P.A.
710 Northeast 26th Street
Wilton Manors, FL 33305-1238
Phone: (954) 563-9160

Serving all of the greater Fort Lauderdale area and Broward, Palm Beach, and Miami-Dade counties in Southern Florida.