Florida Probate Checklist: A Step-by-Step Guide

Step 1: Locate the Original Will

Search the decedent's home, safe deposit box, and attorney's office for the original executed will. Florida courts require the original document, not a copy. Under Florida Statute 732.901, the custodian of a will must deposit it with the clerk of court within 10 days of learning of the decedent's death.

Step 2: Gather Essential Documents

• Certified death certificates (order at least 10 to 15 copies; banks, title companies, and government agencies each require originals)
• Social Security number of the decedent
• Birth and marriage certificates (if relevant to heirship)
• Property deeds, vehicle titles, and bank statements
• Insurance policies and retirement account statements
• Most recent tax returns (federal and state)
• List of known debts and creditors

Step 3: Hire a Florida Probate Attorney

Florida law requires the personal representative to be represented by a Florida-licensed attorney (Florida Statute 733.6171), unless the personal representative is the sole beneficiary and also an attorney. Engaging an experienced probate attorney at this stage ensures filings are prepared correctly and court deadlines are met.

Step 4: File the Petition for Administration

Your attorney files the Petition for Administration with the circuit court in the county where the decedent resided. This petition includes the original will, the death certificate, and information about the proposed personal representative, beneficiaries, and known assets.

Step 5: Receive Letters of Administration

Once the court appoints the personal representative, it issues Letters of Administration. This document gives the personal representative legal authority to act on behalf of the estate. Order several certified copies; you will need them for banks, title companies, and financial institutions.

Step 6: Publish Notice to Creditors

Florida law requires the personal representative to publish a Notice to Creditors in a qualifying local newspaper. This starts the mandatory 3-month creditor claim period. Known creditors must also be sent direct notice by mail or service.

Step 7: Notify Beneficiaries and Interested Parties

The personal representative must send a Notice of Administration to all beneficiaries named in the will and all known heirs.

Step 8: Inventory and Appraise Estate Assets

Within 60 days of appointment, the personal representative must file an inventory of all estate assets with their reasonably estimated fair market value. This includes real property, bank accounts, investments, vehicles, business interests, and significant personal property. Professional appraisals may be needed for real estate and valuables.

Step 9: Manage and Protect Estate Assets

The personal representative must safeguard estate assets during administration. This includes maintaining insurance on real property, collecting rents or income, securing valuables, and making mortgage or HOA payments if applicable.

Step 10: Obtain an EIN (Employer Identification Number)

The estate needs its own tax identification number (EIN) from the IRS. This is used to open estate bank accounts, file estate tax returns, and manage financial transactions during administration.

Step 11: Open an Estate Bank Account

All estate funds should be deposited into a dedicated estate checking account. The personal representative should never commingle estate funds with personal funds.

Step 12: Review and Resolve Creditor Claims

During the 3-month creditor period, creditors may file claims against the estate. The personal representative must review each claim and either pay valid claims from estate assets or formally object to disputed claims through the court.

Step 13: File Tax Returns

• The decedent's final personal income tax return (Form 1040)
• An estate income tax return (Form 1041) if the estate earns income during administration
• A federal estate tax return (Form 706) if the estate exceeds the federal estate tax threshold (currently $13.61 million)
• Any applicable Florida intangible tax returns (though Florida has no state income tax or estate tax)

Step 14: Distribute Assets to Beneficiaries

After all debts, taxes, and administrative expenses are paid, the remaining assets are distributed to beneficiaries according to the will's terms (or Florida's intestacy laws if there is no will). The personal representative should obtain signed receipts from each beneficiary.

Step 15: File Final Accounting and Petition for Discharge

The personal representative files a final accounting with the court showing all receipts, disbursements, and distributions. A Petition for Discharge formally requests the court to close the estate and release the personal representative from further responsibilities.

Step 16: Court Closes the Estate

Once the court reviews and approves the final accounting, it enters an Order of Discharge. The probate case is officially closed.