Formal Administration

Guiding You Through the Probate Process

When a loved one passes away, handling their estate can be an emotional and complex process. In Florida, one of the most common probate proceedings is Formal Administration, which is typically required when the estate’s assets exceed $75,000 or when there are complicated circumstances, such as disputes over the will or multiple beneficiaries. Formal administration involves the legal process of transferring the deceased’s assets to their heirs or beneficiaries while ensuring that any debts or taxes are paid.

At BCN Law Firm, our experienced probate attorneys are here to guide you through every step of the formal administration process. We understand that this is a challenging time, and our goal is to make the legal process as smooth and stress-free as possible. With our expertise, you can focus on honoring your loved one’s memory while we handle the legal complexities of their estate.

Central Florida Probate Attorneys

At BCN Law Firm, we provide compassionate, knowledgeable legal support to help you navigate the formal administration process efficiently. We understand that managing an estate during a difficult time can feel overwhelming, and our goal is to make the process as seamless as possible for you. With decades of experience in probate law, we ensure that every step is handled with care, accuracy, and attention to detail.

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Experienced Probate Attorneys

Formal Administration is the traditional and more involved form of probate in Florida. It is used when the estate’s assets are valued at over $75,000 or when there are significant legal factors that make simpler forms of probate, like Summative Administration, inapplicable. Formal administration typically involves appointing a personal representative (also known as an executor) to manage the estate’s assets, pay debts, and distribute what remains to the rightful heirs or beneficiaries.

Key aspects of Formal Administration include:

Appointing a personal representative to oversee the estate
Identifying and valuing the estate’s assets
Notifying creditors and paying off debts
Filing necessary court documents and legal notices
Distributing assets to heirs or beneficiaries as outlined in the will or by Florida law

How BCN Law Firm Can Help

Petition for Probate

We handle the necessary paperwork and file the petition for formal administration with the probate court on your behalf.

Appointment of Personal Representative

If you are named as the personal representative, we will guide you through your duties, ensuring that you manage the estate in compliance with Florida law.

Asset Identification and Valuation

Our team will help identify, locate, and assess the value of the estate’s assets, ensuring nothing is overlooked.

Debt Resolution

We assist in notifying creditors, resolving outstanding debts, and handling tax obligations to prevent any future legal complications.

Distribution of Assets

Once the estate’s debts have been settled, we ensure that assets are distributed to heirs and beneficiaries as intended, following the terms of the will or Florida’s intestacy laws if no will exists.

Frequently Asked Questions About Formal Administration

Formal Administration is required when the estate’s assets exceed $75,000, or if the estate includes real property or involves multiple beneficiaries. It is also necessary when there are disputes over the will or other legal complexities that require court supervision.

The timeline can vary depending on the size and complexity of the estate, but formal administration typically takes six months to a year to complete. Delays can occur if there are disputes among beneficiaries or if creditors’ claims need to be resolved.

The personal representative is responsible for managing the estate, which includes collecting and valuing assets, notifying creditors, paying debts, filing taxes, and distributing assets to beneficiaries. Our attorneys will help you fulfill these duties in compliance with Florida law.

Speak To An Attorney

Need help with Formal Administration in probate? BCN Law Firm’s experienced probate attorneys provide compassionate guidance through every step of the process. Contact us for a free consultation!

352-394-2103

Meet Our Dedicated Attorneys

Legal Team Ready to Fight for Your Rights

Wade Boyette, J.D., LLM.

Partner

Bankruptcy, Estate Planning, Foreclosure Defense, Probate

Wade Boyette, J.D., LLM. Wade Boyette, J.D., LLM, was born in Estill, South Carolina, in…

Heath B. Nailos, J.D.

Partner

Auto Accidents, Personal Injury

Heath B. Nailos, J.D. Heath B. Nailos, J.D. was born in 1969 in Atlanta, Georgia,…

Kristin Cummins Nailos, J.D.

O.F. Counsel

Real Estate

Kristin Cummins Nailos, J.D. Was born in 1970 in Leesburg, Florida and has resided in…

Ken Costello, J.D.

Partner

Bankruptcy, Estate Planning, Foreclosure Defense, Probate

Ken Costello, J.D. Ken Costello is an associate at Boyette, Cummins & Nailos, PLLC. His…

Michelle C. Bottex, J.D.

Attorney

Criminal Law, Family Law

Michelle C. Bottex, J.D. Ms. Bottex earned a Bachelor of Arts degree in Business Administration…

Norman C. Cummins, J.D.

Legacy Partner

Norman C. Cummins, J.D. Was born in 1938 in Louisville, Kentucky. He received his Bachelor…

Michelle Ha

Attorney

Business Law, Estate Planning, Probate, Real Estate

Michelle T. Ha Michelle T. Ha is an associate attorney and is licensed to practice…

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We recently used this lawyers office and highly recommend them. Always great service and friendly smiles every time we went to the office.

Don and Janet Beasley

We have been with this firm for many years for a variety of legal needs. Once again, in 2025, they succeeded to be knowledgeable, courteous, efficient, and deliver results in a timely manner. Thanks team for always being there for us!

Robert Duguay

My experience with this firm was nothing short of exceptional. Wade was on time, on target, highly knowledeable, and extremely helpful. I went through two other firms before finding BCN and I can't recommend BCN enough. What a pleasure.

Simon

I can’t say enough good things about BCN Law Firm. Wade Boyette and his team are professional, knowledgeable, and truly care about their clients. They go above and beyond to provide clear guidance and make sure you feel confident every step of the way. Their reputation in the community speaks for itself, and after my experience, I can see why. Highly recommend Wade and the entire team at Boyette Cummins Nailos if you’re looking for trusted legal support

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Heath is one of the most reliable, trustworthy professionals I’ve ever worked with. He genuinely cares about his clients and goes the extra mile to make sure you feel heard and protected every step of the way. His communication, integrity, and deep understanding of the law are unmatched. I’m a small business owner and it means the world when someone treats you with that kind of personal care and respect. Thank you, Heath — I’ll always recommend you first.

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I have worked with the BCN Law Firm on dozens of projects over the years, from estate planning to real estate closings and an auto accident. My files have always been handled with professionalism and honesty. I value their advice and trust them to do what is best for me.

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The staff is friendly and eager to help. Wade Boyette was a delight, knows his business and got done in a timely matter, what I needed.

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Robert Miner

I was referred to Wade Boyette by my investment advisor, Jean Dorrell, after moving to Florida and needing to set up a Trust and update my Will. Before deciding to work with Wade, I did my due diligence — reviewing his Better Business Bureau rating and reading online reviews — all of which were overwhelmingly positive, and now I see why.

From our first meeting, I was very impressed with Wade’s knowledge, professionalism, and ability to clearly explain the legal process. He answered all my questions thoroughly and offered thoughtful advice tailored to my situation. He handled the setup of my Trust and the update to my Will efficiently and in a timely manner.

I highly recommend Wade Boyette to anyone in need of reliable and experienced legal services.