Our Winter Garden Formal Probate Administration Lawyer Can Settle The Estate

Last updated on December 1, 2025

At C.J. Hilliard Law, P.A., we provide comprehensive estate law services and representation to clients in the Orlando metro area. If you’ve recently lost a loved one, attorney Claire J. Hilliard can help you tend to all final affairs of the estate, including the often difficult process of formal probate administration. She has earned a reputation for her professionalism, knowledge and skill in this area.

What Is Formal Probate Administration, And When Is It Used?

Formal probate administration is a court-supervised process to settle a deceased person’s estate in Florida. Because it can be both complex and time-consuming, most families would prefer to avoid it, which can sometimes be done through strategic estate planning. However, formal probate administration is necessary when:

• The value of assets subject to probate exceeds $75,000, and it has been less than two years since the decedent passed away.
• The decedent owned real estate, which will be sold.

Formal probate administration is what most people associate with the word probate. It is the most common type. In contrast, summary probate administration is a simpler, faster process suitable for smaller estates.

What Are The Steps In Florida’s Formal Probate Administration Process?

There are numerous steps in the formal probate process, several of which come with court hearings. As an experienced probate attorney, Ms. Hilliard works with personal representatives (executors) as they tend to duties that include:

• Filing the petition and validating the will: The process begins once the executor files a petition with the probate court. The court then examines the will to confirm its validity and authenticity. If the will meets all legal requirements, the court formally admits it to probate.
• Locating and inventorying all estate assets: As part of their duties, the personal representative will locate all property and assets that belonged to the deceased. This includes bank accounts, real estate, investments, personal property and any other items of value. Creating a complete inventory ensures nothing gets overlooked during the administration process.
• Appraising estate assets: Once identified, the estate’s assets need a professional appraisal to establish their fair market value. This step provides transparency for beneficiaries and the court.
• Paying debts and taxes: The personal representative must notify creditors and settle any outstanding debts the deceased person owed. This includes final income taxes, estate taxes if applicable and legitimate claims against the estate. Addressing these obligations protects the personal representative and beneficiaries from future liability.
• Handling out-of-state property: If the deceased owned real estate in other states, the executor may need to coordinate with attorneys in those jurisdictions. This ancillary probate process ensures the proper transfer of property located outside Florida.
• Distributing assets to beneficiaries: Once the estate has paid all outstanding obligations and received judicial confirmation, the executor can allocate the estate’s remaining property to the rightful recipients specified in the testamentary document. The probate journey concludes with this distribution stage, which officially terminates the estate administration. However, the court must approve the final accounting before distribution occurs.

While these steps generally follow a sequence, some may overlap or occur simultaneously as the estate settlement progresses.

Unfortunately, disputes among family members can add time, stress and expense to probate proceedings. As a skilled estate and probate litigation attorney, Ms. Hilliard can help you bring or defend against will contests and other legal disputes, as needed. She seeks efficient, cost-effective resolutions that preserve relationships and estate assets.

Let Us Help You Through The Probate Process

C.J. Hilliard Law, P.A., is based in Winter Garden, Florida, and we serve clients throughout the Orlando metro area. To learn how our formal probate administration lawyer can assist you during this difficult time, call us at 407-255-7607 or reach out online.