Detailed Answer
In Florida, when a person dies without a valid will, their estate passes through intestate administration. To manage and distribute the decedent’s assets, an interested person (usually the closest relative) must petition the circuit court in the county where the decedent resided for Letters of Administration. These letters appoint a personal representative to gather assets, pay debts and distribute property. See Fla. Stat. § 733.201 and § 733.301.
- Determine eligibility. Any surviving spouse, child, parent or other heir may apply. If multiple parties qualify, the court follows the priority rules in Fla. Stat. § 733.301.
- Gather information. You will need the decedent’s death certificate, list of heirs, estimated asset values and any known debts.
- Complete and file the petition. Use Form 12.901(a) – Petition for Administration. File it with the Clerk of Court in the county of domicile. Pay the required filing fee.
- Submit supporting forms. Florida Rule of Probate Procedure requires several additional forms:
- Form 12.700(b) – Oath of Personal Representative
- Form 12.020(c) – Acceptance of Appointment by Personal Representative
- Form 12.050(a) – Designation of Resident Agent for Service of Process
- Form 12.990(a) – Notice of Administration
- Form 12.990(b) – Notice to Creditors
- If bond is required, Form 12.110(a) – Personal Representative’s Bond (see Fla. Stat. § 733.605)
- Provide notice. Within 10 days of filing, publish the Notice of Administration (Form 12.990(a)) and mail the Notice to Creditors (Form 12.990(b)). Creditors then have 3 months to file claims.
- Court review and issuance. If no objections arise, the court signs the order granting Letters of Administration. You receive certified copies to present to banks, agencies and third parties.
You can find Florida’s probate forms here: Florida Probate Procedure Forms. For statutory authority, see: Fla. Stat. § 733.201 and Fla. Stat. § 733.301.
Helpful Hints
- Verify whether the decedent left a valid will. If so, apply for Letters Testamentary instead.
- Confirm the correct county of the decedent’s domicile; filing in the wrong county delays the process.
- Make careful heirship determinations; listing incorrect heirs can lead to contests.
- Keep copies of all filed documents and proof of service/publication.
- Monitor creditor claims deadlines (3 months for most, 2 years for certain statutory claims).
- Consider consulting a probate attorney if disputes or complex assets arise.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.