State Laws
Probate in Florida
Petition for Formal Administration
If there was a will, it must be submitted to the clerk of the circuit court in the county where the testator lived no later than 10 days after the will’s custodian learns of the testator’s passing.[4]
Any interested person in the estate may file a Petition for Formal Administration in the county where the decedent lived.[5] An attorney is required unless the personal representative is the only person with an interest in the estate.[6] A resident agent must be appointed if the personal representative is neither a corporate fiduciary nor a member of the Florida Bar.[7]
Once appointed, the personal representative will be issued an Order Admitting Will to Probate and, after filing an oath of office and posting bond (if required), will be given Letters of Administration, authorizing them to administer the estate.[8]
The personal representative must serve a Notice to Creditors to all known creditors and publish it in a local newspaper for two consecutive weeks. A Proof of Service must then be filed with the court.[9] The death certificate must be filed within three months of publication.[10]
Within 60 days of receiving Letters, the personal representative must file an Estate Inventory with the court and serve it on the decedent’s spouse and applicable beneficiaries.[11]
Small Estates
If the estate doesn’t exceed the cost of the funeral and medical expenses (excluding any exempt property or homestead) for the final 60 days, probate can be avoided by filing a Disposition of Personal Property Without Administration.[12]
A Petition for Summary Administration can be filed to expedite the probate process if the estate is valued at no more than $75,000 or the decedent has been deceased for two or more years.[13]
Resources
Forms
- Last Will and Testament
- Order Admitting Will to Probate
- Letters of Administration (SAMPLE)
- Estate Inventory (SAMPLE)
- Notice to Creditors
- Proof of Service
- Death Certificate
- Disposition of Personal Property Without Administration
- Petition for Summary Administration
Links