Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance tailored to your situation.
Detailed Answer: Opening Probate in Florida
In Florida, probate begins when an interested party files a petition with the circuit court in the county where the decedent lived. Florida’s probate process follows the Florida Probate Code (Chapters 731–735, Florida Statutes). Below are the main steps:
1. Determine the Need for Probate
Probate is required if the decedent owned assets solely in their name exceeding $75,000 or real property. Exempt property (e.g., assets held in trust, joint accounts with rights of survivorship) passes outside probate.
2. Identify the Proper Court and Venue
File in the circuit court in the county where the decedent was domiciled at death. Venue is governed by Fla. Stat. § 733.101.
3. Prepare and File the Petition
The petition to admit the will to probate (if there is a will) or for administration (if no will) must include:
- The decedent’s full name and date of death.
- A copy of the will, if available.
- Names and addresses of beneficiaries and heirs.
- Estimated value of the estate’s assets.
Court clerks provide standard forms. Submit the petition under Fla. Stat. § 733.201.
4. Pay Filing Fees and Publish Notice
Pay the required filing fee and any surcharges. After filing, the clerk will issue Letters of Administration or Letters Testamentary. You must publish a notice of administration once in a local newspaper per Fla. Stat. § 733.212.
5. Appointment of Personal Representative
The court reviews the petition and, if there are no objections, appoints a personal representative. The representative must take an oath and may need to post a bond under Fla. Stat. § 733.301.
6. Probate Administration
Once appointed, the personal representative gathers and protects assets, pays debts and taxes, and distributes remaining assets to heirs or beneficiaries according to the will or Florida intestacy rules (Ch. 732).
Helpful Hints
- Gather all asset information and account statements early.
- Locate any original will and potential codicils.
- Use the clerk’s website for required local forms.
- Notify all beneficiaries promptly to avoid delays.
- Consult an attorney to clarify complex issues, such as creditor claims.