If the Estate Is Over $75,000 or the Person Passed Less Than Two Years Ago, This Is the Process You're In
Formal Administration is Florida’s complete, court-supervised probate process. It requires a court-appointed Personal Representative, mandatory creditor notification periods, a formal asset inventory filed within 60 days, a court-approved accounting, and a judge’s final sign-off before a single asset reaches your family.
For most Coral Gables families dealing with real estate, retirement accounts, or business interests, this is exactly where they land. And the margin for error is thin. One filing done incorrectly, one asset left off the inventory, one creditor notice sent to the wrong party—and the court stops everything until it’s fixed. What could have been a six-month process becomes an eighteen-month one.
Formal Administration Moves on the Court's Timeline—Not Yours. You Need Someone Who Knows It
This is not a process that forgives mistakes or waits for you to figure it out. Miami-Dade’s Eleventh Judicial Circuit has specific procedures, hard deadlines, and no tolerance for incomplete filings. We’ve handled Formal Administration cases in this circuit for decades. We know exactly what the court expects, we know where families and Personal Representatives most commonly go wrong, and we make sure none of those mistakes happen on our watch.
More importantly, we prepare every Personal Representative we work with for what they’re actually taking on before they sign anything—because the personal liability that comes with that role is real, and most people don’t fully understand it until something goes wrong.
What's at Stake If This Isn't Handled Correctly
The Personal Representative carries personal liability.
Under § 733.602, the Personal Representative takes on a fiduciary duty to every beneficiary the moment they’re appointed. Paying the wrong creditor first, missing the 60-day inventory deadline, or distributing assets before court approval can all result in personal liability for losses to the estate. This isn’t a technicality—it’s a real financial and legal exposure that follows the Personal Representative, not the estate.
The creditor process has consequences that show up later.
Formal Administration triggers a mandatory creditor notification process under § 733.2121. Once notified, creditors have three months to file claims. Those claims have to be reviewed, accepted or objected to, and paid in a legally specific order under § 733.707. Handle this wrong and it can seriously complicate what your family actually walks away with at the end.
Every asset has to be accounted for within 60 days.
Under § 733.604, a complete inventory of every probate asset—including descriptions and fair market values—has to be filed within 60 days of the Personal Representative’s appointment. For Coral Gables estates with real estate, investment portfolios, or business interests, this step demands careful attention. An asset left off or incorrectly valued creates problems at every step that follows.
What We Do From Start to Finish
1: We get the Personal Representative appointed.
We file the petition for formal administration, submit the will for validation under § 733.201 if there is one, and secure Letters of Administration, the document that gives the Personal Representative legal authority to act. Without it, no bank or financial institution in Miami-Dade will cooperate with anyone.
2. We manage the entire creditor process.
We publish notice to creditors in a Miami-Dade newspaper, send direct notice to known creditors, and manage the three-month claims window completely. When claims come in, we review them, advise on which to accept or object to, and make sure everything gets paid in the legally required order under § 733.707.
3. We prepare the formal inventory.
We identify every probate asset, coordinate appraisals where required, and file the complete inventory within the 60-day window. For estates with Coral Gables real estate or significant financial accounts, we make sure every asset is correctly documented and valued.
4. We close the estate.
Before distribution can happen, a complete accounting of every financial transaction during the administration has to be filed and approved by the court under § 733.901. This is the step that catches most Personal Representatives off guard when they've tried to manage things without an attorney. We prepare it completely, get court approval, and handle the final distribution to your family.
Answering Frequently Asked Questions
What are Letters of Administration, and why do they matter?
Letters of Administration are the document that the court issues after formally appointing a Personal Representative. It’s the only thing that gives someone legal authority to access accounts, manage property, and deal with financial institutions on behalf of the estate. No bank in Coral Gables will cooperate without it. Getting this issue resolved quickly is our first priority, since nothing else can move until it’s in hand.
What happens if the Personal Representative makes a mistake?
Under § 733.609, a Personal Representative who breaches their fiduciary duty can be held personally liable for losses to the estate. Paying the wrong creditor first, skipping the formal inventory, or distributing assets before court approval can all result in personal liability. This is the biggest risk in formal administration and the main reason having an attorney governing every decision matters. We make sure the Personal Representative never makes a consequential decision without fully understanding what it means.
Can a beneficiary challenge how the estate is being managed?
Yes. Under § 733.5065, beneficiaries can petition the court to remove a Personal Representative who isn’t fulfilling their duties. If you’re a beneficiary who believes assets are being mismanaged, distributions are being delayed without reason, or financial information is being withheld—call us immediately. The longer it waits, the more damage gets done.
What if an asset doesn't have a named beneficiary or joint owner, does it automatically go through formal probate?
Yes. Any asset solely in the deceased’s name, with no beneficiary designation and no joint owner, becomes a probate asset. That includes bank accounts, investment accounts, and real estate titled only in their name. For Coral Gables estates with significant real estate or financial accounts, this is one of the most important things we sort out early—because it determines the full scope of what the court needs to supervise and how long the process will take.
Can formal probate be avoided if we find a will after the process has already started?
Not at that point, but a valid will absolutely changes how the process unfolds. If a will surfaces after formal administration has already been opened, it still has to be submitted to the court for validation under § 733.201. If it’s accepted, it replaces Florida’s intestate succession rules and directs how assets are distributed. The process doesn’t stop; it just gets redirected. The sooner a will is located and submitted, the better—delays create complications that are much harder to unwind later.
We’re Here to Help You Get Through Formal Probate the Easy Way
If you’re the Personal Representative of a Coral Gables estate trying to figure out where to start, or a beneficiary trying to understand what’s happening, call us. We’ll walk you through exactly what’s required and take the complexity off your plate completely.
Schedule your consultation with Family Life Law Today
If you’re dealing with an estate planning, probate, or family law matter and want to understand your options, contact us today to schedule a consultation.