Florida Probate Statute 733.903: Subsequent Administration
In Florida, the personal representative has the job of performing the tasks required to settle the estate of a loved one. The process typically takes up to a year, but can take longer. Once he (or she) has performed all tasks required to settle the estate, the job of the personal representative is done. The probate court will then discharge him. However, it is not unusual for issues to develop after the personal representative has been discharged, necessitating subsequent administration. To learn more the duties of the personal representative, discharge, and the rules of Florida Statutes, section 733.903- Subsequent administration, contact a skilled Fort Lauderdale estate administration lawyer at the Law Offices of Stephen Bilkis & Associates. We have the experience, skill, and knowledge to represent personal representatives and others in complex estate matters related to administration.Discharge of the Personal Representative
When the personal representative finishes his (or her) job, Florida rules require that he submit a petition to the probate court formally requesting that the court discharge him. The petition for discharge must be fined with the court that has jurisdiction over the administration. Along with the petition for discharge, the exiting personal representative must also file the final estate accounting. As an experienced Fort Lauderdale estate administration lawyer will explain, Florida’s probate rules provide the specifics as to what must be included in the final accounting and petition for discharge.
- Statement related to full administration. In the petition for discharge, the personal representative must include a statement indicating that the he has fully administered the estate.
- Estate debt paid. One of the top priorities of estate administration is ensuring that all valid debts owed by the estate are paid, and claims filed against the estate have been paid, settled or otherwise disposed.
- Taxes and expenses of administration. Just like other estate debt, it is the job of the personal representative to see to it that expenses related to administration and taxes owed by the estate are paid, or that assets have been set aside for payment thereof.
- Fees paid. The petition for discharge must also include a list of professionals that the personal representative hired to represent the estate such as attorneys, accountants, and other professionals, along with the fees paid those individuals or companies.
- Plan of distribution. A critical part of the documentation that the personal representative must provide when seeking discharge is a plan of distribution of the assets that remain in the estate, as well as a list of distributions already made by the personal representative during the administration process. The distribution details must include a schedule of the how the remaining assets will be distributed as well as the amount of assets that will remain in the estate for the personal representative to be used to pay any outstanding expenses of administration.
- Objections to discharge. Interested parties are allowed to file objections to the personal representative’s petition for discharge. Interested parties must be served on the remaining interested parties. The petition must include a statement that any such objections must be filed within 30 days of the receipt of the petition for discharge. The objections must specifically state why the interested person is objecting to the petition for discharge. If there are objections filed, discharge of the personal representative may be delayed as additional administration or litigation may be required in order to resolve the objection. If no objections are filed, the court will approve the petition. This means that the probate case is over and the duties and powers of the personal representative end.
If any issues develop after the personal representative has been discharged, subsequent administration may be required, and, under FL. Stat, section 733.903- Subsequent administration, the discharge of the personal representative and final settlement of an estate will not prevent further administration. As an experienced estate administration attorney in Fort Lauderdale will explain, the order of discharge will not be revoked based upon the discovery of a will or later will.Related Statutory Provisions
- Distribution in kind; valuation: § 733.810, Fla. Stat.
- Improper distribution or payment; liability of distributee or payee: § 733.812, Fla. Stat.
- Purchasers from distributees protected: § 733.813, Fla. Stat.
- Final discharge: § 733.901, Fla. Stat.
The final settlement of an estate and the discharge of the personal representative shall not prevent further administration. The order of discharge may not be revoked based upon the discovery of a will or later will.Contact the Law Offices of Stephen Bilkis & Associates
To learn more about the steps required to close an estate, and when subsequent administration will be required, contact an experienced estate administration serving Fort Lauderdale. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience working closely with personal representatives and other interested parties in all aspects of estate administration, and understand the requirements of Florida Statutes, section 733.903- Subsequent administration. We can help. Contact us attorneys at 561-710-4000 to schedule a free, no obligation consultation regarding your case.