What is a Petition for Administration in Florida?

A Petition for Administration is the formal court document that opens probate in Florida. It asks the circuit court to admit the will (if there is one), appoint a personal representative, and authorize that person to administer the decedent’s estate. Until the petition is filed and granted, no one has legal authority to access bank accounts, sell estate property, pay creditors, or distribute assets — even if the decedent’s will named them as personal representative.

Section 733.202, Florida Statutes authorizes the petition, and Florida Probate Rule 5.200 prescribes what the petition must contain. Filing the petition is the first official act of probate in Florida.

What a Petition for Administration Actually Does

The petition opens the door. Filing it accomplishes several things at once:

• Initiates the probate case in the circuit court of the county where the decedent was domiciled
• Asks the court to admit the will to probate (if there is a valid will)
• Asks the court to appoint a personal representative
• Establishes priority and the right to act on behalf of the estate
• Triggers the statutory notice requirements that put creditors and beneficiaries on the clock

Once the court grants the petition, it issues Letters of Administration — the document banks, title companies, brokerages, and the IRS will require before releasing any estate asset.

Who Can File a Petition for Administration in Florida

Any “interested person” can file under § 733.202(1). In practice, the petitioner is usually:

• The personal representative named in the will
• The surviving spouse (if no will, or if the named personal representative cannot serve)
• An heir under Florida’s intestate succession laws
• A creditor of the estate (in limited circumstances)
• The trustee of the decedent’s revocable trust

If multiple people have equal priority and disagree on who should serve, the court resolves the dispute under section 733.301. Our companion post on who has priority to serve as personal representative walks through the order.

What the Petition Must Contain

Florida Probate Rule 5.200 and section 733.202(2) require specific information:

• The name and address of the petitioner and the petitioner’s interest
• The name, address, and date of death of the decedent
• The decedent’s last known residence and domicile
• The names and addresses of beneficiaries under the will and intestate heirs
• The proposed personal representative and that person’s qualifications under section 733.302 and section 733.303
• A statement that the proposed personal representative is not disqualified
• An estimate of the value of the probate estate
• A list of priority assets and exempt property under section 732.402
• Whether the estate is testate (will) or intestate (no will)
• The original will, if any, attached to the petition

A petition missing any of these is subject to objection or amendment. Cleaner petitions move faster through the court.

Formal Administration vs. Summary Administration: Two Different Petitions

Florida recognizes two main types of probate, and each has its own petition.

Formal Administration — The Default

Used when the estate value exceeds $150,000 (excluding exempt property and homestead) and the decedent died less than two years ago. A formal Petition for Administration is filed under § 733.202, the personal representative is appointed, and the estate proceeds through the full administration process, including notice to creditors, claim period, inventory, accounting, and final distribution.

Summary Administration — The Streamlined Option

Available under section 735.203, Florida Statutes, when:

• The value of the entire estate subject to administration (less exempt property) does not exceed $150,000, or
• The decedent has been deceased for more than two years

A summary petition is shorter, no personal representative is appointed, and the court can order direct distribution of assets to beneficiaries. It saves time and money — a typical summary administration closes in weeks rather than months.

Vollrath’s overview of the four different types of probate in Florida covers when each option applies.

What Happens After the Petition Is Filed

Once filed, several things happen in sequence:

1. The clerk dockets the petition and assigns a case number.
2. The court reviews the petition for legal sufficiency. If the proposed personal representative is qualified and no immediate objection appears, the court enters an Order Admitting Will to Probate and Appointing Personal Representative.
3. The court issues Letters of Administration authorizing the personal representative to act.
4. The personal representative serves a Notice of Administration under section 733.212 on beneficiaries, the surviving spouse, and other interested persons. The notice gives recipients three months to challenge the will, the personal representative’s qualifications, or the venue.
5. The personal representative publishes a Notice to Creditors under section 733.2121, starting the three-month creditor claims window.

That sequence — from filing to first creditor notice — typically takes two to four weeks.

What Is the Notice of Administration?

The Notice of Administration is separate from the Petition for Administration but follows immediately after. Section 733.212 requires the personal representative to serve it on:

• The decedent’s surviving spouse
• All beneficiaries
• The trustee of any trust the decedent created

The notice tells recipients that probate has been opened, identifies the personal representative, and starts a three-month clock for any of these parties to:

• Challenge the validity of the will
• Object to the personal representative’s qualifications
• Object to venue or jurisdiction

A failure to object within three months bars most challenges later. The notice is not optional and is not the same as the Notice to Creditors.

When to Object to a Petition for Administration

Objections are common in three situations:

• The proposed personal representative is unqualified or has a conflict of interest — for example, a nonresident who doesn’t fall within the family-relationship exceptions of section 733.304, or an individual with a felony record.
• The will being offered is invalid or has been superseded by a later will.
• The petitioner doesn’t have priority under section 733.301 and a higher-priority person wants to serve.

Objections are filed in the same probate case and must be filed before the court enters the Order Admitting the Will and Appointing the Personal Representative. Once that order is entered, challenges become substantially harder.

Frequently Asked Questions

How do I file a Petition for Administration in Florida?

File the petition with the clerk of the circuit court in the county where the decedent was domiciled. Include the original will (if any), the death certificate, the Oath of Personal Representative, and the Designation of Resident Agent (if the proposed PR is a nonresident). Filing fee is approximately $400, plus the cost of certified Letters of Administration. Most petitions are filed by the personal representative’s attorney.

Who can petition for summary administration in Florida?

Any beneficiary, surviving spouse, or interested person can petition for summary administration under section 735.203 if the estate qualifies — under $150,000 in non-exempt assets or two-plus years since death. All beneficiaries usually must consent.

What is the difference between a Petition for Administration and a Notice of Administration?

The petition opens the case and asks the court to admit the will and appoint the personal representative. The notice is what the personal representative serves on interested persons after appointment, starting their three-month challenge window. Different documents, different purposes, different deadlines.

How long does it take after filing the petition to be appointed?

Two to four weeks in most counties for an uncontested petition. Contested petitions can take months.

Do I need an attorney to file a Petition for Administration?

For formal administration, yes — Florida law generally requires a personal representative in formal administration to be represented by an attorney unless the personal representative is the sole interested person. Summary administration can be filed without an attorney, but errors are common.

Can a Petition for Administration be amended?

Yes. The court routinely permits amendments to correct factual errors or add omitted information. An amended petition is filed in the same case.

Talk to a Seminole County Probate Attorney Before You File

A Petition for Administration is the foundation of the entire probate. Errors here — wrong heir list, missing exempt property statement, ineligible nominee, wrong venue — propagate through every later step and create disputes that cost more to fix than to avoid.

Vollrath Law’s probate attorneys file petitions for administration across Seminole County and Central Florida every week. Schedule a consultation and we’ll review the estate before the petition gets filed.