Disclaimer: This article provides general information under Florida law only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Detailed Answer
When beginning estate administration in Florida, gathering key documents and certificates ensures a smoother probate process. Under Florida Probate Code (see Fla. Stat. ch. 733), you typically must file a petition for administration and attach certain items. Below is a list of essential materials:
1. Certified Death Certificate
- Obtain multiple certified copies from the Florida Department of Health (FL Vital Records).
- Required by the probate court and financial institutions.
2. Last Will and Testament (and Codicils)
- Original signed will. If none exists, petition for intestate administration under Fla. Stat. ch. 732.
- Any amendments or codicils must also be presented.
3. Personal and Real Property Documents
- Deeds, titles, and mortgage statements for real estate.
- Vehicle titles and registration documents.
4. Financial Records
- Bank and investment account statements.
- Recent federal and state income tax returns.
- Retirement and pension account statements (e.g., 401(k), IRAs).
5. Insurance Policies
- Life insurance, annuities, homeowner’s, and auto policies.
- Benefit beneficiary designations.
6. Business and Partnership Agreements
- Operating agreements, buy-sell agreements, and corporate bylaws.
- Recent financial statements.
7. Debts and Liabilities
- Credit card statements, loan agreements, and paid receipts.
- Outstanding medical bills and invoices.
8. Family and Personal Records
- Marriage certificate or divorce decree of the decedent.
- Birth certificates of minor beneficiaries.
- Social Security card or number confirmation.
9. Safe-Deposit Box Information
- Location and key or access code details.
- Bank name and contact information.
Once collected, attach certified copies to your petition for administration and file with the clerk of court in the county where the decedent resided (Fla. Stat. § 733.201–733.212).
Helpful Hints
- Request 5–10 certified death certificates at once to avoid repeat requests.
- Keep an indexed binder with each document’s date and source.
- Photocopy originals only when permitted by the clerk; file originals when required.
- Check beneficiary designations on retirement plans—they may pass outside probate.
- Consult with the clerk’s office early for local filing requirements.