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

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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, was born in Estill, South Carolina, in 1967 and has been a prominent figure in Lake County since 1994.

Heath B. Nailos, J.D.

Partner

Auto Accidents, Personal Injury

Heath B. Nailos, J.D. was born in 1969 in Atlanta, Georgia, and has resided in Florida since 1978. He received his B.A. in History from the University of South Florida in 1992 and his J.D. Degree from Stetson University College of Law in 1995.

Kristin Cummins Nailos, J.D.

O.F. Counsel

Real Estate

Mrs. Nailos has practiced law in Central Florida since 1996, and is a member of The Florida Bar, and the Lake County Bar Association and is admitted to practice in the Middle District of Florida and all State Courts in Florida.

Ken Costello, J.D.

Partner

Bankruptcy, Estate Planning, Foreclosure Defense, Probate

Ken Costello is an associate at Boyette, Cummins & Nailos, PLLC. His practice focuses on real estate, civil litigation, bankruptcy, debt defense, estate planning and probate.

Michelle C. Bottex, J.D.

Attorney

Criminal Law, Family Law

Ms. Bottex earned a Bachelor of Arts degree in Business Administration from Stetson University and Master of Arts degree in Human Resources Development from Webster University.

Norman C. Cummins, J.D.

Legacy Partner

Was born in 1938 in Louisville, Kentucky. He received his Bachelor of Science in Business Administration from the University of Alabama in 1963 and a J.D. Degree from the University of Alabama in 1967.

Travis J. Stulz, Esq.

Attorney

Business Law, Estate Planning, Probate, Real Estate

Travis J. Stulz is a seasoned Florida personal-injury attorney representing clients across Central Florida, including Orlando, Winter Garden, Clermont, Ocoee, and The Villages.

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5-Star Reviews from Satisfied Clients

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MICHAEL ELLIOTT

2 weeks ago

My attorney Travis did an excellent job for my personal injury case. He was professional and I highly recommend him for your attorney.

Scott Monroe

2 weeks ago

We have now used BCN Law Firm on two separate occasions and each time we dealt with Carol Crowe and neither time did she disappoint. Always friendly, professional, knowledgeable and most importantly available everytime we reached out. Also a special thanks to Isabel Freeman who was also very helpful. If you need any type of legal advice or assistance, I would not hesitate to reach out to BCN law firm.

Jonathon Gore

3 weeks ago

I cannot say enough good things about Travis and his team and the way they handled my case. From the very beginning, they went above and beyond to make sure I was taken care of and understood everything that was happening. They were professional, compassionate, responsive, and genuinely cared about getting the best possible outcome for me. I never felt like just another case or a number. They took the time to listen to my concerns, answer all of my questions, and keep me informed throughout the entire process. What really stood out to me was how hard they worked on my behalf. They went the extra mile when they didn’t have to, fought for what was right, and made a stressful situation much easier to deal with. I always felt like I had someone in my corner. If you are looking for an accident attorney who truly cares about their clients and is willing to go above and beyond, I highly recommend Travis. I am extremely grateful for everything they did for me and would absolutely trust them again.

Steven Halford

4 weeks ago

Excellent Service. Excellent staff and personell. Very detailed and patient throughout the whole process. It took a while to get where we wanted to be, but it was well worth the wait. They fought for every penny, for my treatment after my car accident, and were very caring during every step of the way. I highly recommend and they now have a customer whenever I need a lawyer.

Tom Robertson

1 month ago

Courteous and helpful staff. Completed in a timely fashion. Excellent rapport with Wade Boyette. Highly recommended

Cyndi Robertson

1 month ago

The entire staff was very considerate and helpful while assisting us with our estate planning. Highly recommend BCN if you need a Will, Durable Power of attorney, etc!

Peter Adams

1 month ago

My wife and I appreciated Mr. Boyette’s professionalism in regard to our legal needs. We strongly recommend him and will seek his expertise for any other legal needs.

Kevin S Hodne

2 months ago

I hired BCN law firm to handle my bankruptcy. Having always prided myself in handling my finances responsibly, when I had some health issues which I could not recover from financially I decided to plead bankruptcy. BCN law firm ( Carol ) made the whole process seamless. Carol was understanding, professional, and put my mind at ease during this difficult time. It’s people like Carol who have compassion for people that makes all the difference when hiring an attorney. Thank you Carol and BCN Law firm. If I could leave 10 stars I would have. Thanks again Carol and Wade Boyette!

susan ohneiser

2 months ago

Very professional, personable and informative! No issues and everything went well. We are very pleased.

Tatiana Rollins

3 months ago

Wade Was very helpful and informative on helping us with our trust and will. He explained everything thoroughly so we have peace of mind that our estate will be well taken care of.

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