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.

352-394-2103

Free Consultation*

"*" indicates required fields

Name*

Email*

Phone*

Practice Area

How Can We Help?*

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…

Meet All Attorneys

5-Star Reviews from Satisfied Clients

Our Clients Appreciate Our Dedication and Expertise

BCN Law Firm

4.6

Based on 234 reviews

See all reviews

review us on

Lois Carr

Polite, knowledgeable and thorough. Our attorney was prepared for our visit. We were treated with respect.

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.

Shannon Bass

Office ataff was extremely friendly! Wade was fantastic and explained everything to us! I highly recommend them.

Troy Ford

I had the misfortune of having to file for bankruptcy last year. I hired BCN Law firm to handle my case and dealt mostly with Ken Costello and his assistant Carol. They did an outstanding job on my case which was not the average case. They analyzed my situation and found the best path for me to move forward. It did take a long time to go through (such is the case with bankruptcy) but Carol kept my wife and me updated and assured us that our worst fears were not something that was going to happen. I would recommend the firm to anyone who needs one of the services they provide.

Sonja Gore

I had a great professional experience with the staff at BCN Law Firm and wholeheartedly recommend to any future clients in need of organizing their final affairs.

Lynn Willis

Everyone was very friendly, concerned about us. They explained everything to us. Thank you for your kindness.

Jeff Milroy

My experience with Heath and the staff was great. This was something new for me, and they explained everything very well. It was easy to get my questions answered and the whole process seemed to go very smoothly. Heath's paralegal Lynnette was very helpful and kept me updated and informed along the way. Thank you all so much and I will definitely use and recommend you in the future.

Lula Patrick

Very professional. Very happy with the services. I would highly suggest anyone to use his services.

Jude Hamilton

Excellent service, knowledgeable and reasonable. I feel that I’m in good hands with Wade and team.

Craig Poorbaugh

BCN and Wade Boyette were very professional in every way in support of our needs for our final documents. They go the extra few miles to insure satisfaction of service. They spoke plainly and clearly about the final issues and easily walked us through difficult decisions. Their services are reasonably priced. A good choice

All Testimonials