The Florida probate estate can be closed as soon as the estate administration is complete. This happens after the time has expired for creditors to submit claims, all valid creditor claims and expenses of administration have been paid, all tax returns have been filed and taxes have been paid, and all assets are ready for distribution.
There are several ways that the estate may be closed. If you determine that the estate could qualify for one of the other types of Florida probate (summary administration or disposition without administration), the probate attorney could convert the proceeding into another type. But this is rare. In most cases, the attorney will file a petition with the court to close the estate.
It’s much easier to close a Florida probate estate if all beneficiaries who could be affected by the distribution will sign waivers and consents. Under the “waiver and consent” provisions of the Florida probate code, any interested party can waive any right to notice or to the filing of any document (except inventory) and consent to the petition. If the personal representative is the only beneficiary or if all beneficiaries are comfortable that their final shares of the estate or correct, their waiver and consent to the petition will avoid the need for a formal accounting.
If the beneficiaries don’t sign waivers and consents, the personal representative must make an accounting of the actions undertaken in administering the estate. This must include receipts for all transactions and a list of all income and disbursements. Once a final accounting has been filed, the court then holds a formal hearing to approve the accounting.
When distribution of the estate’s assets is complete, the personal representative files evidence of distribution and evidence that creditors’ claims have been disposed of. The court will then enter an order discharging the personal representative.
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