When a deceased person (decedent) dies without a will (intestate) or the decedent’s will is found to be invalid by the probate court, the court may appoint an administrator to manage the estate, assets, and liabilities of the decedent. The administrator must be qualified or approved by the court and in some instances may be required to post a bond to secure the assets of the estate.
Upon appointment of an administrator by the probate court the court may issue letters of administration that authorize the administrator to administer the decedent’s estate by collecting amounts due to the estate, paying any outstanding debts of the estate, and distributing the assets of the estate in accordance with the state’s intestate succession laws.
Laws and procedures vary from state to state but an administrator—and the administrator’s administration of the estate—may be supervised or unsupervised by the probate court and may be with or without a bond required from the administrator.
In Florida, when a person dies without a will (intestate) or their will is deemed invalid, the probate court will appoint an administrator to manage the decedent's estate. This administrator, also known as a personal representative in Florida, must be qualified and is often required to be a Florida resident or a close relative if residing out of state. The court may require the administrator to post a bond, which serves as insurance for the proper administration of the estate. Once appointed, the administrator receives letters of administration, which grant the authority to settle the decedent's affairs. This includes collecting debts owed to the estate, paying the decedent's outstanding debts, and distributing the remaining assets according to Florida's intestate succession laws. The level of court supervision over the administrator can vary, with some estates qualifying for 'summary administration,' a simplified process available for smaller estates or when the decedent has been deceased for more than two years. Otherwise, formal administration is required, which involves more oversight and is a more detailed process.