Probate

Probate proceedings are initiated by filing a petition seeking to administer an estate or to admit a will to probate. A filing fee is required and will vary according to the type of administration necessary for the estate – see filing fee chart.

The venue is the county or state where the decedent resided, or if no proceeding in that county or state, where the property is located.

A library of probate forms can be found by visiting the Ninth Circuit Court’s website.

There are three basic types of proceedings for administering the decedent's estate: 

Formal Administration 
This type of proceeding is used when there are considerable assets and it is necessary to appoint a personal representative to act on behalf of the estate. Letters of administration will be issued to the personal representative so that he or she will be able to administer the estate. 

A formal administration must be filed by an attorney licensed to practice law in Florida, unless the personal representative is the sole beneficiary.

Summary Administration 
Summary administration may be filed when the value of the entire estate does not exceed $75,000 or when the decedent has been deceased for more than two years. If the decedent has been deceased for less than two years, a copy of the funeral bill is also required.

Disposition of Personal Property without Administration 
This type of proceeding is filed to request release of the decedent's assets to the person who paid for final expenses such as funeral costs or medical bills that accrued in the last 60 days. 

Disposition of personal property without administration cannot:

This proceeding is used when the estate includes considerable assets or ongoing financial matters that require the appointment of a personal representative. The personal representative is authorized by the court to act on behalf of the estate once Letters of Administration are issued.

- A formal administration must be filed by an attorney licensed to practice law in Florida.
- This process includes full court supervision and is required when the estate value exceeds $75,000 or when creditors must be addressed.

Statutory Reference: §733.301–§733.617, Florida Statutes; Florida Probate Rules 5.200–5.320.

This is a simplified form of probate available when:
- The value of the entire estate subject to administration in Florida does not exceed $75,000, or
- The decedent has been deceased for more than two years.

If the decedent has been deceased for less than two years, proof that all known debts have been paid must be filed, including a copy of the paid funeral bill. An attorney is not required for summary administration, although legal guidance is recommended.

Statutory Reference: §735.201–§735.2063, Florida Statutes.

The following items must be submitted along with the Petition for Disposition of Personal Property Without Administration:

- Itemized, paid funeral bill
- Paid receipts for any medical expenses incurred within 60 days prior to death
- Certified death certificate
- Documents verifying the asset to be released (e.g., bank statement, check stub, insurance letter)
- Notarized consents from all persons who contributed toward the funeral bill

After review, if the court determines that the petitioner is entitled to the decedent's assets, an Order Authorizing Release of Assets will be entered. The original authorization will be mailed to the petitioner.

Q: How do I obtain certified copies of probate documents?
A: Certified copies may be requested online through the Clerk’s Records page or in person at any Clerk of Courts location. Standard copy and certification fees apply.

Q: Can I check the status of a probate case online?
A: Yes. Case information is available through our Online Case Search feature.

Q: Do I need an attorney to file probate?
A: Most probate matters require an attorney. However, an attorney is not required for Summary Administration or Disposition Without Administration.

Q: How long does probate take?
A: Timelines vary depending on the complexity of the estate, court caseload, and whether disputes arise.