How to File Probate in Florida
Check if you qualify., Submit the will., Locate the necessary form., Gather supporting documentation., Fill out the form., Submit the form.
Step-by-Step Guide
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Step 1: Check if you qualify.
If you paid for the decedent’s final expenses (such as funeral and final illness), then you can avoid probate and be reimbursed for your expenses if the decedent left behind very little.
There are two qualifications:
No real estate must be involved.
The only assets do not exceed your final expenses or are exempt from the claims of creditors. -
Step 2: Submit the will.
Within 10 days of death, submit the original will (not a photocopy) to the County Clerk.
You must also include a certified copy of the death certificate., You may find the “Disposition of Personal Property without Administration” form from the County Clerk.
This form is often available on the website of various circuit courts.
You may download it and complete a printed copy. , You will need to submit an itemized bill of the amount you spent in the final six months of the decedent’s life on medical expenses and a funeral.
Make copies for yourself so that if the application is lost you will still have a record of your payments. , You must identify the specific assets you are requesting payment from.
For example, if the deceased’s only assets was a checking account, then you would specify the checking account as the source of your payment. , Submit the form to the same court from which you obtained the form. -
Step 3: Locate the necessary form.
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Step 4: Gather supporting documentation.
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Step 5: Fill out the form.
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Step 6: Submit the form.
Detailed Guide
If you paid for the decedent’s final expenses (such as funeral and final illness), then you can avoid probate and be reimbursed for your expenses if the decedent left behind very little.
There are two qualifications:
No real estate must be involved.
The only assets do not exceed your final expenses or are exempt from the claims of creditors.
Within 10 days of death, submit the original will (not a photocopy) to the County Clerk.
You must also include a certified copy of the death certificate., You may find the “Disposition of Personal Property without Administration” form from the County Clerk.
This form is often available on the website of various circuit courts.
You may download it and complete a printed copy. , You will need to submit an itemized bill of the amount you spent in the final six months of the decedent’s life on medical expenses and a funeral.
Make copies for yourself so that if the application is lost you will still have a record of your payments. , You must identify the specific assets you are requesting payment from.
For example, if the deceased’s only assets was a checking account, then you would specify the checking account as the source of your payment. , Submit the form to the same court from which you obtained the form.
About the Author
Patrick Collins
Patrick Collins has dedicated 13 years to mastering businessservices. As a content creator, Patrick focuses on providing actionable tips and step-by-step guides.
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