Detailed Answer
If you live outside Florida and you need to submit an original last will to a Florida probate court, follow the practical, step-by-step process below. These steps reflect how probate typically works under Florida law and point you to official resources. This is a general guide only—not legal advice. For statutory background, see the Florida Probate Code (Chapter 733) (Fla. Stat. ch. 733) and the small-estate/summary-probate rules (Chapter 735) (Fla. Stat. ch. 735). For local forms and procedural rules, see the Florida Courts probate forms and rules pages (Probate Forms) and (Probate Rules).
1) Identify the correct Florida court (venue)
Probate is filed in the circuit court in the county where the decedent was domiciled (their permanent residence) at death. If the decedent was not domiciled in Florida but owned Florida real property, a different venue rule may apply. Confirm the correct county with the clerk of the circuit court for the county where the decedent lived or where real property is located.
2) Gather what the clerk will typically require
- Original will (do not alter or sign on it).
- Certified copy of the death certificate (usually required).
- Identification for the person filing (copy of driver’s license or passport).
- Basic information about potential beneficiaries and heirs (names and contact info, if known).
- Any power-of-attorney or letters showing who has authority to act for the estate (if someone else will file for you).
3) Choose the correct type of filing
Common filings include:
- Formal administration (typical for most estates).
- Summary administration (available for smaller estates under Chapter 735).
- Admission of a will to probate (with petition for issuance of Letters Testamentary or Administration).
The clerk’s office or a Florida probate attorney can explain which petition fits the estate facts and prepare the correct paperwork.
4) How to physically submit the original will from out of state
- Contact the probate clerk in the proper county first. Ask about electronic filing options, local filing fees, required forms, and whether the clerk will accept delivery by courier.
- Use a secure courier (FedEx/UPS with adult signature and tracking) or hand-delivery by a local representative. Do not mail the will in a regular envelope without tracking and insurance.
- Include a cover letter explaining the package contents (name of decedent, date of death if known, petitioner’s name, and a daytime contact number). Include copies of the death certificate and the petition (if prepared).
- If you want someone local to file for you, you may retain a Florida probate attorney or give a trusted person a signed written authorization and clear instructions. Many out-of-state executors hire local counsel to avoid errors and to obtain Letters Testamentary once the will is admitted.
5) What happens to the original will after filing
Once filed with the clerk, the original will becomes part of the court file and is maintained by the court. Do not expect the court to return the original will automatically. If you need the original after probate, ask the clerk about procedures for obtaining certified copies of the will or for any possible return (often courts keep originals as part of their records).
6) If the original will cannot be located
If you do not have the original, Florida courts may admit a copy if you provide sufficient proof of the will’s contents and a credible explanation for the original’s absence. This is fact-specific and typically requires testimony or affidavits. Consult the clerk or a Florida attorney about filing a petition to admit a copy or to prove the will as a lost instrument.
7) Nonresident personal representatives
Florida permits nonresidents to serve as personal representatives, but there can be additional procedural requirements (for example, bonds unless waived by the will or by court). Discuss bond and appointment details with the clerk or attorney—these matters are governed by Florida probate statutes and local practice (see Chapter 733).
8) After filing: notices, letters, and next steps
After the court admits the will, it will typically issue Letters Testamentary or Letters of Administration. The court or your attorney will advise about required notices to creditors and beneficiaries, and whether publication or service is required. The estate administration timeline and creditor deadlines vary by estate type.
Example (hypothetical)
Example: Jane, an executor living in Texas, needs to submit her father’s original will to the circuit court in Broward County, Florida. Jane:
- contacts the Broward County Clerk of Courts to confirm forms and fees;
- obtains a certified death certificate;
- securely ships the original will by courier to the clerk with a filing petition and cover letter;
- either requests the clerk file the will and issue Letters, or hires a local probate attorney to file and handle bond/notice requirements.
Where to find official forms and rules
Start with the Florida Courts probate forms and rules pages for statewide forms and guidance: Florida Courts: Probate Forms. For statutory authority consult the Florida Statutes (Probate Code, Chapter 733): Fla. Stat. ch. 733 and small-estate rules in Chapter 735: Fla. Stat. ch. 735.
Helpful Hints
- Call the county clerk before you ship anything. Local practices and fees differ by county.
- Use a tracked, insured courier with required signature upon delivery. Keep tracking and proof-of-delivery records.
- Do not open or otherwise alter the original will; keep a photocopy for your records, but send the original unless instructed otherwise by the clerk.
- If you cannot appear in person, hire a Florida probate attorney to file and represent you—this often speeds the process and avoids mistakes.
- Obtain several certified copies of the death certificate before filing; clerks routinely require one for the probate file.
- If the will is held by an attorney or bank in Florida, they can often file the will directly with the clerk for you.
- If the estate appears to be small, ask whether summary administration (Chapter 735) applies. That can be faster and cheaper.
- Keep beneficiaries informed; many courts require notice to beneficiaries and heirs once the will is filed.
Disclaimer: This information is educational only and does not constitute legal advice. Laws and rules change. For advice specific to your situation, contact a licensed Florida probate attorney or the probate clerk in the relevant Florida county.