The Short Answer

In Florida, “letters of administration” are the court-issued authority that officially appoints a personal representative to act for the estate. Once appointed, the personal representative must settle the estate’s debts and expenses and then distribute remaining assets—after which the court can discharge the personal representative and close the estate.

What Florida Law Says

Florida probate is designed to move the estate toward settlement and distribution, but the process depends on who has legal priority to serve, whether the estate qualifies for a simplified procedure, and whether creditor issues or disputes exist. In many estates, the court appoints a personal representative and issues letters of administration, which third parties (banks, buyers, title companies) often require before they will release or transfer assets.

The Statute

The primary law governing who has priority to receive letters of administration is Fla. Stat. § 733.301.

This statute establishes an order of preference for appointment of the personal representative (for example, in intestate estates the surviving spouse is first in line, followed by a person selected by a majority of heirs, then the nearest heir).

Once appointed, Florida law expects the personal representative to move the estate forward efficiently. See Fla. Stat. § 733.603 (personal representative to proceed expeditiously with settlement and distribution, generally without needing a court order for every step).

Why You Should Speak with an Attorney

While the statutes provide the framework, applying them to your family’s situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida probate administration has timing requirements that can affect creditor issues, tax issues, and when an estate can be wrapped up (and delays can create personal representative liability).
• Burden of Proof: The court may require proper proof of death, heirs/beneficiaries, and authority to act—especially if there are questions about the will, family members, or asset ownership.
• Exceptions: Some estates may qualify for alternatives to full administration (like summary administration or other streamlined options), while others require formal administration due to disputes, creditor concerns, or asset types.

Trying to handle probate alone can lead to rejected filings, delays in accessing accounts, disputes among heirs, or mistakes that increase costs. A Florida probate attorney can evaluate whether you need formal administration, whether a simplified option is available, and how to position the case for a clean closing and discharge.

If you want more detail on the closing phase, you may find this helpful: What Do I Need to Do to Close a Probate Estate in Florida? and How Long Does It Take to Close a Probate Estate in Florida?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.