What Documents and Steps Are Involved in Opening a Probate Estate in North Carolina? - Florida
The Short Answer
In Florida, opening a probate estate generally starts with filing a verified petition for administration in the circuit court (probate division) in the county where the decedent lived, along with the will (if any) and supporting information about heirs/beneficiaries and assets. The court then appoints a personal representative and issues “Letters” authorizing that person to act for the estate.
What Florida Law Says
Florida probate is governed by the Florida Probate Code and the Florida Probate Rules. At a high level, an “interested person” can ask the court to open an estate and appoint a personal representative to gather assets, address creditor issues, and distribute property to the right people under the will or Florida intestacy law.
The Statute
The primary law governing the start of a formal probate case is Fla. Stat. § 733.202.
This statute establishes that any interested person may petition for administration—meaning probate is opened by filing a petition asking the court to appoint a personal representative and begin administration.
Depending on the type of case (formal administration vs. summary administration), Florida law also imposes different filing fees and recorded documents requirements. See, for example, Fla. Stat. § 28.2401 (probate filing fees and recording requirements) and Fla. Stat. § 735.203 (who may file and what’s required for a petition for summary administration).
If the decedent lived outside Florida but owned Florida assets, the case may need to be handled as an ancillary administration. See Fla. Stat. § 734.102.
For a deeper dive on the “letters” that authorize the personal representative, you may also want to read: How Do I Get Letters of Administration in Florida (and What Forms Are Required)?
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Probate timelines can affect creditor rights and whether claims become barred; missing a deadline can create personal risk for the personal representative.
- Burden of Proof: If there’s a question about the will (missing original, competing documents, capacity/undue influence concerns), you may need evidence and proper notice to interested persons to avoid later challenges.
- Exceptions: The “right” type of probate (formal vs. summary vs. ancillary) depends on asset type, value, homestead issues, and whether there are disputes—choosing incorrectly can cause delays, extra cost, or litigation.
Because the personal representative can face real liability for mistakes, it’s usually worth getting counsel involved early—especially when there are multiple heirs, out-of-state property, creditor problems, or family conflict.
Related reading: How Do I Get Appointed as an Estate Administrator (or Co-Administrator) in Florida?
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.