Understanding Letters of Administration in Florida

Navigating the aftermath of a loved one’s passing can be a complex and emotional journey, particularly when it comes to legal matters. If your loved one has passed away without leaving a will in the state of Florida, you may find yourself stepping into the world of probate law and encountering the term “Letters of Administration.” These documents are a crucial part of managing a deceased person’s estate, yet many people are unfamiliar with their purpose and the process required to obtain them.

In Florida, Letters of Administration are legal documents issued by a probate court that grant authority to an individual, known as the personal representative (also known as an executor in other states), to administer the estate of a deceased person who died intestate, meaning without a valid will.

Please note that the content provided  is for informational purposes only and is not intended to serve as tax or legal advice. The information contained herein is not a substitute for professional legal or tax consultation and should not be relied upon for any legal or tax matters. If you require legal or tax assistance, please consult with a qualified attorney or tax professional who can provide guidance tailored to your specific situation.

When a person passes away without a will, their assets must be distributed according to Florida’s intestacy laws. The process begins when an interested party files a petition with the probate court to open an estate. If the court approves the petition, it will issue Letters of Administration, which serve several purposes:

1. Authority: The Letters of Administration give the personal representative the legal authority to act on behalf of the estate. This includes the power to collect and inventory the deceased’s assets, pay debts and taxes, and eventually distribute the assets to the rightful heirs according to the law.
2. Notification: The document serves as official notification to banks, creditors, and other parties that the personal representative has the authority to access accounts, transfer assets, and take other necessary actions to manage and settle the estate.
3. Responsibility: The personal representative is responsible for carrying out the duties of estate administration in accordance with Florida law and is accountable to the beneficiaries and the court for their actions.

To obtain Letters of Administration, the proposed personal representative must file a petition with the court, typically in the county where the deceased resided at the time of death. The court will then determine who is eligible to serve as the personal representative, often giving preference to a surviving spouse or next of kin.

Once appointed, the personal representative is often required to post a bond (unless waived by the will or all heirs) and take an oath to perform their duties faithfully. After the Letters of Administration are issued, the personal representative can proceed with the administration of the estate.

About Quantum Realty Advisors, Inc.

• HONESTY, INTEGRITY AND TRUST.   In the last 10 years, more than 80% of our business comes from referrals or repeat clients showing that we develop trustworthy relationships with our clients.

• EXPERIENCE.  Having successfully closed more than 2,000 real estate transactions, we know what it takes to get the job done properly, and in a timely manner.

• WE GET MAXIMUM VALUE FOR OUR CLIENTS. Confidence in achieving the best price for your property is one of the most important criteria when choosing a real estate professional to represent your interests.  While it’s not difficult to get maximum value during a strong market, doing it consistently is the difference.  To  prove that we can do so, we performed a study of our listed propertied that sold from 2012 to 2019 where an independent appraisal was conducted in advance. As a result, we achieved an average of 104.5% of  appraisal value on these 350+ sales transactions.