• Five questions

    They decide which kind of probate this is. Everything after them is shaped by your answers here.
  • Why we askFlorida has more than one kind of probate, and they are not the same amount of work or money. These five answers are enough to tell which one this estate needs. Nothing here is filed with a court.
    Built for a phone. That was the point. Every document this form wants is paper in a drawer, and the camera you are holding is the scanner. Take the picture, keep going.
  • When did they die?*
     - -
  • Is there a will?*
  • Roughly, what was in their name alone?*
  • Did they own a home in Florida?*
  • This may not need probate at all. When what is left is only exempt property and the funeral and last-illness bills, Florida allows disposition without administration under §735.301 — a one-page request, no personal representative, often no lawyer. Keep going; the rest of this form tells us whether that fits.
  • This looks like summary administration. The shorter track. Under §735.201 it is open to estates where what is subject to administration, after exempt property comes off, is $150,000 or less — or where the death was more than two years ago, whatever the value. No personal representative is appointed and there is no year-long claims period.
  • This looks like formal administration. The full track. A personal representative is appointed, letters are issued, creditors are noticed, and an inventory is filed within 60 days. It is more work, and it is also the only version that gives someone authority to act for the estate.
  • This looks like ancillary administration. They lived somewhere else and owned property in Florida. Under §734.102 Florida opens its own case alongside the one in the home state. Answer the rest as best you can — we will ask about the out-of-state case at the end.
  • We will tell you which one this is. Not knowing the value yet is normal and it is not a problem. Fill in what you can; the rest of the form is built to find the number. If the death was more than two years ago, §733.710 has already barred creditor claims and §735.201 opens the short track whatever the value.

  • You

    Who you are and how to reach you.
  • Why we askWhoever files has to state their own interest in the estate, and the court needs a name and address to send everything to. Fla. Prob. R. 5.200(a).
  •  -
  • Best way to reach you
  • Are you named as personal representative in the will?
  • Why we ask this next oneFlorida disqualifies a personal representative who has been convicted of a felony, and the petition has to say so either way. §733.303, §733.302. It is asked of everyone; it is not about you.
  • Has the person who would serve as personal representative ever been convicted of a felony?
  • Ever been convicted of abuse, neglect or exploitation of an elderly person or a disabled adult?

  • The person who died

    Their details, as the court will need them.
  • Why we askThe petition has to name them, say where they were domiciled, and give the last four digits of their Social Security number. Fla. Prob. R. 5.200(b).
    Where to find itThe death certificate has almost all of it. The funeral home ordered the first copies; the Florida Department of Health sells more.
  • Date of birth
     - -
  • Was Florida their permanent home?
  • U.S. citizen?
  • Did they ever receive Medicaid after age 55?
  • Do you have the death certificate?
  • The original certified copy cannot be emailed or e-filed. It has to reach the Clerk of the Circuit Court in the county where they lived on paper. Send a photo here so we can start; keep the certified copies safe.
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  • The will

    What exists, and where it is.
  • Why we askThe petition has to identify every unrevoked will and codicil, and say why any of them is not being offered. Fla. Prob. R. 5.200(g). Whether the will is self-proving decides whether a witness has to be tracked down.
    Where to find itA home safe, a bank box, the drafting lawyer's office, or already deposited with the clerk. If a lawyer drafted it, that office usually kept the original.
  • Do you have the original?
  • Date the will was signed
     - -
  • Is it signed by two witnesses?
  • Is there a notarized page attached where the witnesses swear to it?
  • Any codicils, amendments, or a later will?
  • Is there a trust?
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  • Family

    Who survives them, and who came first.
  • Why we askThe petition has to name the surviving spouse and every beneficiary with their relationship, and the year of birth of anyone who is a minor. Fla. Prob. R. 5.200(d). Most counties also want an affidavit of heirs listing every relative.
    Where to find itNobody has this on paper. Write down what you know and put “not sure” where you are not sure — that is more useful to us than a guess.
  • Were they married when they died?
  • Date of the marriage
     - -

  • Children

    Every child, including from an earlier marriage, adopted children, and any child who died before them. Stepchildren who were never adopted are not heirs under Florida law, but list them anyway and say so.
  • Each child
  • Did any child die before them?
  • Children of the child who died first
  • Is anyone who inherits a minor, or under a guardianship?
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  • The house

    The one asset with its own set of Florida rules.
  • Why we askA Florida home someone actually lived in is protected homestead. It passes outside the estate, it is shielded from most creditors, and it does not count toward the $150,000 summary administration line. Getting it wrong changes the whole track.
    Where to find itThe deed is in the closing folder. If it is gone, the County Property Appraiser has the parcel online under the address, and the Clerk's official records have the recorded deed.
  • Was this their permanent home — the place they actually lived?
  • Does the tax bill show a homestead exemption?
  • Is there a mortgage or reverse mortgage on it?
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  • Other property

    Land, condos, a second home, a lot, anything out of state.
  • Why we askReal estate outside Florida gets listed in its own part of the inventory and may need a second case in that state. Fla. Prob. R. 5.340.
    Where to find itProperty tax bills arrive in November and name the county. One bill is enough to find the rest.
  • Other real estate
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  • Accounts

    Banks, brokerages, retirement.
  • Why we askWhether an account goes through probate depends entirely on whose name is on it. A joint account, a payable-on-death account and an IRA with a named beneficiary all pass straight to a person and never enter the estate. §733.607.
    Where to find itThe last statement shows the account title at the top. If a statement is addressed to two people, it is probably joint. If you cannot tell, choose “not sure” — the bank will confirm it in writing when we ask.
  • Accounts
  • Safe deposit box?
  • Have you checked Florida's unclaimed property list?
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  • Everything else

    Insurance, vehicles, a business, the things in the house.
  • Why we askThe petition states the nature and approximate value of the assets, and the inventory lists each one at its date-of-death value. Fla. Prob. R. 5.200(f), 5.340.
    Where to find itVehicle titles live with the deed or in the glove box. If a title is lost, the tax collector can print the record from the plate.
  • Life insurance and annuities
  • Vehicles and boats
  • Is there ordinary household furniture and appliances in the home?
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  • Debts and claims

    What was owed, and to whom.
  • Why we askFlorida requires a diligent search for creditors and gives them three months from the first published notice, or 30 days from being served, whichever is later. §733.702. The petition has to say the search was made, and there is a penalty for saying so when it was not.
    Where to find itThe mail. Statements keep arriving for months. A free credit report in their name lists every open account — annualcreditreport.com.
  • Known debts
  • Are there medical bills from their last 60 days?
  • Any unfiled or unpaid taxes?
  • Any lawsuit or claim involving them, either way?
  • Has anyone already filed a claim against the estate?
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  • Last page

    Anything we missed, then send it.
  • What happens nextWe read it and reply within one business day with which administration the estate needs, what it is likely to cost, and what would change that. Your own copy of everything you entered arrives by email at the same time.
  • Is a probate case already open for them, in Florida or anywhere else?
  • Is anything on a clock?
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  • Should be Empty: