Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Florida for guidance specific to your situation.
Detailed Answer
Planning ahead can significantly reduce delays in Florida probate under Chapter 733, Florida Statutes (Fla. Stat. ch. 733). Gathering the right information and documents before the decedent’s passing helps personal representatives open and close estates efficiently.
1. Estate Planning Documents
- Original Will and Codicils: Store originals in a fire-proof safe or with your attorney. Note location and access instructions.
- Revocable and Irrevocable Trusts: Include trust certificates, schedules of assets held in trust, and funding documentation.
- Powers of Attorney: Durable financial and health care powers help manage affairs before death if incapacity arises.
2. Personal Identification and Family Data
- Full legal names, dates of birth, Social Security numbers and contact details for decedent, beneficiaries and nominated personal representative.
- Marriage certificates, divorce decrees or adoption records to confirm family relationships under Fla. Stat. §732.102.
3. Real Property and Tangible Assets
- Deeds, mortgage statements and surveys for homestead property and other real estate.
- Vehicle titles, aircraft or boat registrations and manuals.
4. Financial and Investment Accounts
- Bank and brokerage statements with account numbers, branch contacts and online access instructions.
- Retirement plan statements (401(k), IRA) and pension documentation, including beneficiary designations.
- Life insurance policies, policy numbers and named beneficiaries.
5. Debts and Tax Records
- Credit card statements, mortgage and loan documents.
- Recent federal and state tax returns.
6. Digital Assets and Logins
- Passwords to email, social media, cloud storage and financial websites.
- Location of hardware (computers, external drives) and instructions for accessing digital wallets or cryptocurrency.
7. Death Certificate and Summary Administration Thresholds
- Obtain multiple certified copies of the death certificate promptly.
- Note if the estate qualifies for summary administration under Fla. Stat. §735.201 (estate assets under $75,000).
Helpful Hints
- Maintain a centralized folder—physical or digital—with copies of all documents.
- Review and update beneficiary designations annually or after major life events.
- Keep a written inventory of safe-deposit boxes and keys.
- Provide your personal representative with a clear “survivor’s guide” describing where to find each document.
- Store passwords using a reputable password manager and share access instructions securely.