Probate and Estate Administration
Domain overview
Probate and Estate Administration tests the Florida administration process from petition through discharge: formal administration, summary administration, disposition without administration, creditor claims, inventories and accountings, will contests, and the personal representative's duties. The exam rewards exact deadlines and eligibility rules.
Core rules
- Formal administration is the default. The personal representative qualifies under § 733.304; a nonresident generally cannot serve unless related to the decedent as specified by statute. Letters of administration authorize the representative to act.
- The personal representative must serve notice of administration on interested persons within 30 days after letters (§ 733.212). An interested person may object to the will or to administration within 20 days after service of the notice.
- A caveat under § 731.110 can be filed before a will is admitted or before letters issue, forcing notice on the caveator.
- The inventory is due within 60 days after issuance of letters (§ 733.604). The personal representative must account annually and on termination.
- Creditors: notice to creditors is published once a week for two consecutive weeks. Claims are due within three months after first publication; a known or reasonably ascertainable creditor served with notice has 30 days after service. The two-year bar in § 733.710 closes the estate to most later claims.
- Summary administration under § 735.201 is available when the value of property subject to administration, excluding exempt property, is $75,000 or less, or the decedent has been dead more than two years.
- Disposition without administration under § 735.301 is limited to personal property and the balance after funeral expenses and preferred claims; it does not transfer real property.
Worked example
A decedent dies with a $200,000 homestead and $50,000 in bank accounts. The homestead is exempt from creditor claims and passes under homestead law, so the value subject to administration is $50,000. Summary administration is available under § 735.201 if the other conditions are met. If the homestead were nonexempt and part of the probate estate, the $75,000 threshold would be exceeded and formal administration would be required.
Traps that cost marks
Missing the three-month creditor deadline; failing to serve a known creditor; counting exempt homestead in the summary administration threshold; using disposition without administration for real estate; and confusing the 20-day objection period with the creditor claim period.