First Steps

• The personal representative named in the deceased person's will is required to deposit the document with the probate court. After admission of the will and to the court, the personal representative will petition the court for letters of administration. Letters of administration give the personal representative the power to act as a fiduciary and settle the estate. All interested parties to the estate receive notice of the petition to appoint the personal representative along with all court documents for the estate.
  
  

Administration

• After the personal representative is appointed, he files a notice of estate administration with the court and sends copies to all interested parties. As soon as practical, the personal representative must publish for at least two weeks a notice to creditors in a local newspaper. All assets of the estate are collected and the personal representative is responsible for safekeeping and accounting for all property belonging to the deceased person. After identification of all estate assets, the personal representative files an estate inventory with the court.
  
  

Creditor's Claims

• Estates must stay open long enough to ensure all creditors are paid. Florida law bars all creditor claims that occur 90 days after publication of the first notice to creditors in the local newspaper. This means that if a creditor does not pursue the claim in a timely manner, the claim is not paid.
  
  

Taxes, Distribution and Discharge

• Upon expiration of the creditor's claim period, the personal representative files all estate and personal tax returns that are due. After all creditors and tax are paid, the personal representative can distribute the estate in accordance with the will. When the estate is fully distributed, the personal representative petitions the court for discharge.