Formal Administration
Full probate under chapter 733: letters, creditor notice, inventory, accounting and discharge.
Formal administration is the full probate procedure in chapter 733, Florida Statutes. The court admits the will, if there is one, appoints a personal representative, and issues letters of administration, the court's grant of authority to act for the estate (§ 731.201(24), Fla. Stat. (2026)). The personal representative gives notice, publishes a notice to creditors, files an inventory, pays claims and expenses, files a final accounting and a petition for discharge, and distributes the estate (§ 733.602(1); Fla. Prob. R. 5.400 (Oct. 15, 2026 ed.)).
No value limit applies. An estate that does not meet the tests for summary administration is administered formally (§ 735.201), and an estate that qualifies for summary administration may be administered formally too (§ 735.202). The powers and duties of a personal representative begin on appointment (§ 733.601).
A personal representative must be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person (Fla. Prob. R. 5.030(a)).
When formal administration is used
| Situation | Why formal administration applies | Source |
|---|---|---|
| Estate over $150,000 and death within 2 years | Neither test in the summary administration statute is met. | § 735.201(2) |
| Will that directs administration | A testate estate qualifies for summary administration only if the will does not direct administration as required by chapter 733. | § 735.201(1) |
| Someone needs the authority of a personal representative | A personal representative's duties and powers begin on appointment, and a probated will is the authority to administer and distribute the estate according to its terms. | § 733.601; § 733.602(2) |
| Sale of real property with no power of sale in the will | In an intestate estate, or where the will gives no usable power of sale, the personal representative may sell real property, but no title passes until the court authorizes or confirms the sale. | § 733.613(1) |
| A will not yet admitted | Until a will is admitted to probate in Florida or in the state of domicile, it is ineffective to prove title to, or the right to possession of, the testator's property. | § 733.103(1) |
| Choice | An estate that qualifies for summary administration may be administered in the same manner as any other estate. | § 735.202 |
Who may serve as personal representative
| Question | What the law says | Source |
|---|---|---|
| Order of preference, testate estate | The person nominated in the will, or that person's successor; then the person selected by a majority in interest of those entitled to the estate; then a devisee. | § 733.301(1)(a) |
| Order of preference, intestate estate | The surviving spouse; then the person selected by a majority in interest of the heirs; then the heir nearest in degree. | § 733.301(1)(b) |
| No one applies | The court appoints a capable person, other than a person who works for or holds public office under the court. | § 733.301(3) |
| Qualification | Subject to the limits in the same part, a person who is sui juris and a Florida resident at the time of the decedent's death is qualified to act. | § 733.302 |
| Not qualified | A person convicted of a felony; convicted of abuse, neglect or exploitation of an elderly person or disabled adult; mentally or physically unable to perform the duties; or under 18. | § 733.303(1) |
| Nonresident personal representative | A person not domiciled in Florida must be an adopted child or adoptive parent of the decedent, a lineal relative, a spouse or a brother, sister, uncle, aunt, nephew or niece (or a lineal relative of one of them), or the spouse of a person otherwise qualified. | § 733.304 |
| Banks and trust companies | Qualified corporate fiduciaries may act as personal representatives and curators. | § 733.305(1) |
| Bond | Every fiduciary files a bond with surety unless the will or the court waives it. The court may waive, require, increase or decrease a bond. | § 733.402(1) and (4); Fla. Prob. R. 5.235(c) |
| Attorney | A personal representative must be represented by a Florida attorney unless the personal representative remains the sole interested person. | Fla. Prob. R. 5.030(a) |
Petition for administration and opening documents
Any interested person may petition for administration (§ 733.202). The petition is verified and contains the statements in Fla. Prob. R. 5.200 (Oct. 15, 2026 ed.).
| Item | The petition states | Source |
|---|---|---|
| (a) | The petitioner's interest, name and address, and the name and office address of the petitioner's attorney. | Fla. Prob. R. 5.200(a) |
| (b) | The decedent's name and last known address, last 4 digits of the Social Security number, date and place of death, and state and county of domicile. | Fla. Prob. R. 5.200(b) |
| (c) | So far as is known, the surviving spouse and the beneficiaries, their relationship to the decedent, and the year of birth of any minors. | Fla. Prob. R. 5.200(c) |
| (d) | Venue. | Fla. Prob. R. 5.200(d) |
| (e) | The petitioner's priority for appointment under § 733.301, whether anyone else has equal or higher preference, and that the petitioner is qualified to serve. | Fla. Prob. R. 5.200(e) |
| (f) | Whether domiciliary or principal proceedings are pending in another state or country, with the foreign personal representative and the court that issued letters. | Fla. Prob. R. 5.200(f) |
| (g) | The approximate value and nature of the assets. | Fla. Prob. R. 5.200(g) |
| (h) | In an intestate estate, that the petitioner is unaware of any unrevoked will or codicil after reasonable diligence. | Fla. Prob. R. 5.200(h) |
| (i) | In a testate estate, the unrevoked wills and codicils presented for probate and that the petitioner is unaware of any other. | Fla. Prob. R. 5.200(i) |
| (j) | In a testate estate, that the original of the last will is with the court or accompanies the petition, or that an authenticated copy of a will deposited or probated elsewhere accompanies it. | Fla. Prob. R. 5.200(j) |
| (k) | That the person seeking appointment is qualified under Florida law, including felony and elder-abuse convictions, physical and mental ability, age 18 or older, and Florida residency or the relationship required of a nonresident. | Fla. Prob. R. 5.200(k) |
| Notice of the petition | No notice is needed when the petitioner is entitled to preference. Otherwise formal notice, with a copy of the will, goes to all known persons qualified to act who have equal or greater preference, unless they waive in writing. | Fla. Prob. R. 5.201(a) to (c) |
| Letters | After the petition is filed and the will is admitted, the court appoints the person entitled and qualified, sets any bond, and letters issue once the oath and any resident agent designation are filed. | Fla. Prob. R. 5.235(a) and (b) |
Steps from petition to discharge
- 01
Deposit the original will
The custodian of a will must deposit it with the clerk of the court having venue within 10 days after learning that the testator has died (§ 732.901(1)). The clerk keeps the original in its original form for at least 20 years (§ 732.901(4)).
Who and whereWill custodian. Clerk of the circuit court for the county of venue (the county of domicile; see § 733.101). - 02
File the petition and pay the clerk's fee
File the verified petition with the original will (Fla. Prob. R. 5.200(j)). The clerk's fee for formal administration is capped at $395, plus a $4 service charge (§ 28.2401(1)(g) and (3)). Local rules may add affidavits; the 17th Judicial Circuit, for example, requires an Affidavit of Heirs in intestate cases and an Affidavit Regarding Criminal History in all cases.
Who and wherePetitioner and the petitioner's attorney. Clerk of the circuit court. - 03
Court admits the will and appoints the personal representative
After the petition is filed and any will is admitted to probate, the court appoints the person entitled and qualified, determines the amount of any bond, and requires the oath and any resident agent designation (Fla. Prob. R. 5.235(a); § 733.403). A will admitted to probate is conclusive of its due execution, the testator's competence and freedom from fraud, duress, mistake and undue influence, and that it was unrevoked at death (§ 733.103(2)).
Who and whereCircuit court judge, probate division. - 04
Letters of administration issue
Letters issue after the oath and any resident agent designation are filed and any required bond is posted (Fla. Prob. R. 5.235(b)). Until letters issue, the court may appoint a curator to protect the estate when it is necessary (§ 733.501(1)).
Who and wherePersonal representative. Clerk of the circuit court. - 05
Serve the notice of administration
The personal representative promptly serves a copy of the notice of administration on the surviving spouse, the beneficiaries and others listed in the statute (§ 733.212(1)). An interested person served with the notice must file any objection to the validity of the will, the venue or the court's jurisdiction within 3 months after service, and in all events no later than the earlier of the final discharge or 1 year after service (§ 733.212(3)).
Who and wherePersonal representative or the attorney. - 06
Publish and serve the notice to creditors
Unless claims are already barred by § 733.710, the personal representative promptly publishes the notice once a week for 2 consecutive weeks in a newspaper published in the county, and promptly serves it on reasonably ascertainable creditors after a diligent search (§ 733.2121(1) to (3)). If the decedent was 55 or older, a copy and the death certificate go to the Agency for Health Care Administration within 3 months after first publication (§ 733.2121(3)(d)). Proof of publication is filed within 45 days after first publication (Fla. Prob. R. 5.241(c)).
Who and wherePersonal representative or the attorney. A newspaper published in the county. - 07
File the death record and the inventory
A copy of an official record of death is filed no later than 3 months after first publication of the notice to creditors (Fla. Prob. R. 5.205(a)(1)). The verified inventory is due within 60 days after letters issue and is served on the surviving spouse, heirs and residuary beneficiaries (Fla. Prob. R. 5.340(a) and (d)). The inventory is confidential and is disclosed to the persons listed in § 733.604(1)(b).
Who and wherePersonal representative. Clerk of the circuit court. - 08
Take control of the estate property
The personal representative takes possession or control of the decedent's property except the protected homestead, and takes the steps reasonably necessary to manage, protect and preserve the estate until distribution (§ 733.607(1)). For property that appears to be protected homestead, the personal representative may, but need not, take possession to preserve it while status is determined (§ 733.608(2)).
Who and wherePersonal representative. - 09
Handle claims and pay in order
Claims are filed by the later of 3 months after first publication or 30 days after service on a creditor (§ 733.702(1)). A written objection to a claim is due within 4 months after first publication or 30 days after the claim is filed, whichever is later (§ 733.705(2)). Claims are paid in the classes in the table below (§ 733.707(1)).
Who and wherePersonal representative and creditors. Probate court for disputed claims. - 10
File the final accounting and petition for discharge
The personal representative files a final accounting and a petition for discharge with a plan of distribution within 12 months after letters issue, or 12 months after the federal estate tax return is due when a return is filed, unless the court extends the time (Fla. Prob. R. 5.400(a) and (c)). Objections are due within 30 days after service (Fla. Prob. R. 5.400(b)(6)).
Who and wherePersonal representative or the attorney. Served on interested persons. - 11
Distribute and obtain the order of discharge
The personal representative distributes the estate under the plan of distribution unless objections are filed. When the estate is fully administered and properly distributed, the court enters an order of discharge and releases the surety on any bond (Fla. Prob. R. 5.400(d) and (e)). Discharge bars any action against the personal representative and the surety (§ 733.901(2)). Discharge does not prevent further administration if more property is found (§ 733.903).
Who and wherePersonal representative. Circuit court judge, probate division.
Deadlines in a formal administration
No statute sets the total length of an administration. The creditor period in § 733.702(1) runs at least 3 months after first publication, and the final accounting is due within 12 months after letters (Fla. Prob. R. 5.400(c)). Each period below runs from the event shown.
| Event | Deadline | Source |
|---|---|---|
| Deposit of the original will | Within 10 days after the custodian learns of the death. | § 732.901(1) |
| Notice of administration | Promptly; objections are due 3 months after service. | § 733.212(1) and (3) |
| Notice to creditors | Promptly; published once a week for 2 consecutive weeks. | § 733.2121(1) and (2) |
| Proof of publication | Within 45 days after first publication. | Fla. Prob. R. 5.241(c) |
| Notice to the Agency for Health Care Administration | Within 3 months after first publication, when the decedent was 55 or older. | § 733.2121(3)(d) |
| Death record on file | No later than 3 months after first publication. | Fla. Prob. R. 5.205(a)(1) |
| Inventory | Within 60 days after letters issue. | Fla. Prob. R. 5.340(a) |
| Creditor claims | The later of 3 months after first publication or 30 days after service on the creditor. | § 733.702(1) |
| Exempt property petition | The later of 4 months after service of the notice of administration or 40 days after a proceeding on the will or on the exempt property ends. | § 732.402(6) |
| Objection to a claim | The later of 4 months after first publication or 30 days after the claim is filed or amended. | § 733.705(2) |
| Statement of diligent search for creditors | Within 4 months after first publication. | Fla. Prob. R. 5.241(d) |
| Payment of debts | A personal representative cannot be compelled to pay debts until 5 months after first publication; claims are to be paid within 1 year after first publication, with extensions for claims in litigation. | § 733.705(1) |
| Elective share | The earlier of 6 months after service of the notice of administration on the surviving spouse or 2 years after the death, unless extended. | § 733.212(2)(e) |
| Final accounting and petition for discharge | Within 12 months after letters, unless extended by the court. | Fla. Prob. R. 5.400(c) |
| Objection to the petition for discharge | Within 30 days after service. | Fla. Prob. R. 5.400(b)(6) |
| Claims bar | Two years after the death, with the exceptions in the statute. | § 733.710 |
Order of payment of expenses and claims
The personal representative pays in this order. If an estate cannot pay a whole class, the creditors in that class are paid in proportion to their claims (§ 733.707(1) and (2), Fla. Stat. (2026)).
| Class | What it covers |
|---|---|
| Class 1 | Costs, expenses of administration, compensation of personal representatives and their attorneys, and attorney's fees awarded under § 733.106(3). |
| Class 2 | Reasonable funeral, interment and grave marker expenses, not to exceed $6,000 in total. |
| Class 3 | Debts and taxes with preference under federal law, claims under §§ 409.9101 and 414.28, and claims of the state for unpaid court costs, fees or fines. |
| Class 4 | Reasonable and necessary medical and hospital expenses of the last 60 days of the last illness, including compensation of persons attending the decedent. |
| Class 5 | Family allowance. |
| Class 6 | Arrearage from court-ordered child support. |
| Class 7 | Debts acquired after death by continuing the decedent's business under § 733.612(22), only to the extent of that business's assets. |
| Class 8 | All other claims, including judgments against the decedent, and any excess over the amounts allowed in classes 2 and 4. |
Compensation of the personal representative and the attorney
- A personal representative is entitled to a commission from estate assets without a court order. For formal administration, a commission is presumed reasonable at 3 percent of the first $1 million of the compensable value of the estate, 2.5 percent above $1 million up to $5 million, 2 percent above $5 million up to $10 million, and 1.5 percent above $10 million (§ 733.617(1) and (2)).
- An attorney for the personal representative is entitled to reasonable compensation from estate assets without a court order (§ 733.6171(1)). There is no mandatory statutory attorney fee, the fee is subject to negotiation, and the personal representative chooses the attorney (§ 733.6171(2)(b)).
- The statute sets a presumed reasonable fee schedule based on the inventory value of the probate estate plus income (§ 733.6171(3)). Extraordinary services are compensated separately (§ 733.6171(4)). A court may increase or decrease the compensation on petition (§ 733.6171(5)).
- See What does probate cost? for the full schedule and the other costs of administration.
Estate taxes
- Florida: the Florida Department of Revenue states that a federal change eliminated Florida's estate tax on people who died after December 31, 2004, and that since July 1, 2023 personal representatives do not file Form DR-312 or DR-313 (Florida Department of Revenue, Florida Estate Tax; ch. 198, Fla. Stat.).
- Federal: the IRS states that an estate tax return is required if the gross estate, increased by adjusted taxable gifts and the specific gift tax exemption, is valued at more than the filing threshold for the year of death. The threshold for 2026 is $15,000,000 (IRS, Estate tax). See Federal estate tax for Florida residents.
Official checklists and forms
Florida Courts Help states that it does not provide any forms related to the probate process (Florida Courts Help, Probate). Circuits publish checklists and affidavits for formal administration.
| Document | Publisher | Date or revision |
|---|---|---|
| Checklist for Opening Formal Administration | 9th Judicial Circuit (Orange and Osceola) | Rev. Oct. 31, 2022 |
| Checklist for Closing Formal Administration | 9th Judicial Circuit | Rev. Oct. 31, 2022 |
| Checklist for Opening Formal Administration | 14th Judicial Circuit | Rev. 4/2019 |
| Checklist for Closing Formal Administration | 14th Judicial Circuit | Rev. 1/2024 |
| Affidavit of Diligent Search and Inquiry for Creditors | 14th Judicial Circuit | Rev. 4/2019 |
| Affidavit of Heirs, required in all intestate cases | 17th Judicial Circuit (Broward County) | Oct. 2023 |
| Affidavit Regarding Criminal History, required in testate and intestate cases | 17th Judicial Circuit (Broward County) | Undated |
| Checklist for Petition for Formal Administration of Intestate Estate | 17th Judicial Circuit (Broward County) | No printed date; file modified July 17, 2026 (server date) |
| Checklist for Petition for Formal Administration of Testate Estate | 17th Judicial Circuit (Broward County) | Printed: Revised 9/9/2016; file modified July 17, 2026 (server date) |
| Checklist for Petition for Discharge | 17th Judicial Circuit (Broward County) | No printed date; file modified July 17, 2026 (server date) |
| Mandatory Checklists page, listing each petition checklist | 17th Judicial Circuit | Current page |
| Fla. Prob. R. 5.200 and Fla. Prob. R. 5.400 | The Florida Bar, Florida Probate Rules | Oct. 15, 2026 edition |
Common problems
- Missed inventory date. The inventory is due within 60 days after letters issue; the court can extend the time on petition (Fla. Prob. R. 5.340(a) and (b)).
- Real property sold without authority. A personal representative needs a power of sale in the will or a court order. No title passes in a sale under § 733.613(1) until the court authorizes or confirms it.
- Objection deadlines run from service. The 3-month objection period for challenges to the will, venue and jurisdiction starts on service of the notice of administration, and appointing a successor does not restart it (§ 733.212(3) and (4)).
- Missed notice to the Agency for Health Care Administration. When the decedent was 55 or older, the personal representative serves the notice to creditors and the death certificate on the agency within 3 months after first publication unless the agency has already filed a claim (§ 733.2121(3)(d)).
- Payment before the claims are resolved. Debts are paid in the order in § 733.707(1), and a personal representative is liable to interested persons for damage or loss from a breach of fiduciary duty (§ 733.609(1)).
- Protected homestead treated as an estate asset. The personal representative has no right to take control of protected homestead (§ 733.607(1)). Its status is determined separately (Fla. Prob. R. 5.405).
- Estate left open. The final accounting and petition for discharge are due 12 months after letters unless the court extends the time (Fla. Prob. R. 5.400(c)).
- Out-of-date local checklist. The 9th Circuit's closing and opening checklists carry an October 31, 2022 revision date. Check them against the current rules.
Frequently asked questions
What is the difference between summary and formal administration in Florida?+−
How long does formal administration take?+−
Do I need a lawyer for formal administration?+−
What are letters of administration?+−
Can the personal representative live out of state?+−
Does the personal representative need a bond?+−
What happens if someone contests the will?+−
When can the personal representative distribute the assets?+−
Who pays the attorney and the personal representative?+−
A formal administration follows a fixed order: letters, notice of administration, notice to creditors, inventory, claims, final accounting and discharge. Each step has a deadline in ch. 733 or the Florida Probate Rules (§ 733.212; § 733.2121; Fla. Prob. R. 5.340; Fla. Prob. R. 5.400).
Sources
Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site. The Florida Probate Rules edition is the one the Florida Bar posted on October 15, 2026.
- § 731.201(24), Fla. Stat. (2026), General definitions. The Florida Senate. Definition of letters; letters are designated letters of administration. Plain-English page on this site.
- § 733.101, Fla. Stat. (2026), Venue of probate proceedings. The Florida Senate. Venue for probate. Plain-English page on this site.
- § 733.103, Fla. Stat. (2026), Effect of probate. The Florida Senate. A will is ineffective to prove title until admitted; probate is conclusive of due execution.
- § 733.202, Fla. Stat. (2026), Petition. The Florida Senate. Any interested person may petition for administration.
- § 733.212, Fla. Stat. (2026), Notice of administration; filing of objections. The Florida Senate. Service of the notice, contents, 3-month objection period, elective share and exempt property periods. Plain-English page on this site.
- § 733.2121, Fla. Stat. (2026), Notice to creditors; filing of claims. The Florida Senate. Publication, service on creditors, notice to the Agency for Health Care Administration. Plain-English page on this site.
- § 733.208, Fla. Stat. (2026), Discovery of later will. The Florida Senate. A later will can be offered until the estate is completely administered.
- § 733.301, Fla. Stat. (2026), Preference in appointment of personal representative. The Florida Senate. Order of preference in testate and intestate estates. Plain-English page on this site.
- § 733.302, Fla. Stat. (2026), Who may be appointed personal representative. The Florida Senate. General qualification.
- § 733.303, Fla. Stat. (2026), Persons not qualified. The Florida Senate. Disqualifications.
- § 733.304, Fla. Stat. (2026), Nonresidents. The Florida Senate. Relationship required of a nonresident personal representative. Plain-English page on this site.
- § 733.305, Fla. Stat. (2026), Trust companies and other corporations and associations. The Florida Senate. Corporate fiduciaries may act.
- § 733.402, Fla. Stat. (2026), Bond of fiduciary; when required; form. The Florida Senate. Bond requirement and waiver.
- § 733.403, Fla. Stat. (2026), Amount of bond. The Florida Senate. Factors for the amount of the bond.
- § 733.501, Fla. Stat. (2026), Curators. The Florida Senate. Appointment of a curator before letters.
- § 733.601, Fla. Stat. (2026), Time of accrual of duties and powers. The Florida Senate. Duties and powers begin on appointment. Plain-English page on this site.
- § 733.602, Fla. Stat. (2026), General duties. The Florida Senate. Fiduciary duty; probated will is authority to administer. Plain-English page on this site.
- § 733.604, Fla. Stat. (2026), Inventories and accountings; public records exemptions. The Florida Senate. Verified inventory; confidentiality and disclosure. Plain-English page on this site.
- § 733.607, Fla. Stat. (2026), Possession of estate. The Florida Senate. Possession of estate property, except protected homestead. Plain-English page on this site.
- § 733.608, Fla. Stat. (2026), General power of the personal representative. The Florida Senate. Limited possession of apparent protected homestead. Plain-English page on this site.
- § 733.609, Fla. Stat. (2026), Improper exercise of power; breach of fiduciary duty. The Florida Senate. Liability for breach of fiduciary duty. Plain-English page on this site.
- § 733.612(22), (26), Fla. Stat. (2026), Transactions authorized for the personal representative; exceptions. The Florida Senate. Partial distribution; transactions without court order. Plain-English page on this site.
- § 733.613, Fla. Stat. (2026), Personal representative’s right to sell real property. The Florida Senate. Sale of real property; court authorization.
- § 733.617, Fla. Stat. (2026), Compensation of personal representative. The Florida Senate. Commission schedule. Plain-English page on this site.
- § 733.6171, Fla. Stat. (2026), Compensation of attorney for the personal representative. The Florida Senate. No mandatory attorney fee; presumed schedule; extraordinary services. Plain-English page on this site.
- § 733.702, Fla. Stat. (2026), Limitations on presentation of claims. The Florida Senate. Claims period. Plain-English page on this site.
- § 733.705, Fla. Stat. (2026), Payment of and objection to claims. The Florida Senate. Objection and payment periods. Plain-English page on this site.
- § 733.707, Fla. Stat. (2026), Order of payment of expenses and obligations. The Florida Senate. Classes 1 to 8; $6,000 funeral cap in class 2. Plain-English page on this site.
- § 733.710, Fla. Stat. (2026), Limitations on claims against estates. The Florida Senate. Claims barred 2 years after death. Plain-English page on this site.
- § 733.901, Fla. Stat. (2026), Final discharge. The Florida Senate. Discharge releases the personal representative and bars actions.
- § 733.903, Fla. Stat. (2026), Subsequent administration. The Florida Senate. Discharge does not prevent further administration. Plain-English page on this site.
- § 732.402(6), Fla. Stat. (2026), Exempt property. The Florida Senate. Exempt property petition deadline. Plain-English page on this site.
- § 732.901, Fla. Stat. (2026), Production of wills. The Florida Senate. Will deposit within 10 days; clerk keeps the original 20 years. Plain-English page on this site.
- § 735.206, Fla. Stat. (2026), Summary administration distribution. The Florida Senate. The order of summary administration distributes the assets.
- § 735.201, Fla. Stat. (2026), Summary administration; nature of proceedings. The Florida Senate. Tests for summary administration. Plain-English page on this site.
- § 735.202, Fla. Stat. (2026), May be administered in the same manner as other estates. The Florida Senate. A qualifying estate may be administered formally.
- § 28.2401, Fla. Stat. (2026), Service charges and filing fees in probate matters. The Florida Senate. Fee cap of $395 plus the $4 service charge.
- Fla. Prob. R. 5.030, Attorneys. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Attorney required unless the personal representative is the sole interested person.
- Fla. Prob. R. 5.200, Petition for administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Contents of the petition.
- Fla. Prob. R. 5.201, Notice of petition for administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). When notice of the petition is required.
- Fla. Prob. R. 5.205, Filing evidence of death. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Death record due within 3 months after first publication.
- Fla. Prob. R. 5.235, Issuance of letters, bond. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Appointment, bond and letters.
- Fla. Prob. R. 5.241, Notice to creditors. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Proof of publication in 45 days; statement of diligent search in 4 months.
- Fla. Prob. R. 5.340, Inventory. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Inventory within 60 days after letters.
- Fla. Prob. R. 5.400, Distribution and discharge. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Final accounting, petition for discharge, objections, discharge.
- Florida Department of Revenue, Florida Estate Tax. Florida Department of Revenue. No Florida estate tax for deaths after December 31, 2004; DR-312 and DR-313 no longer filed after July 1, 2023.
- IRS, Estate tax. Internal Revenue Service. Estate tax return filing threshold for 2026 deaths: $15,000,000.
- Florida Courts Help, Probate. Florida Courts Help. States that it provides no probate forms.
- 9th Judicial Circuit, Checklist for Opening Formal Administration (rev. Oct. 31, 2022). 9th Judicial Circuit. Local opening checklist.
- 9th Judicial Circuit, Checklist for Closing Formal Administration (rev. Oct. 31, 2022). 9th Judicial Circuit. Local closing checklist.
- 14th Judicial Circuit, Checklist for Opening Formal Administration. 14th Judicial Circuit. Local opening checklist, marked rvd 4/2019.
- 14th Judicial Circuit, Checklist for Closing Formal Administration (July 2024). 14th Judicial Circuit. Local closing checklist, marked rvd 1/2024.
- 14th Judicial Circuit, Affidavit of Diligent Search and Inquiry for Creditors. 14th Judicial Circuit. Local affidavit form, marked rvd 4/2019.
- 17th Judicial Circuit, Affidavit of Heirs. 17th Judicial Circuit. Affidavit filed in intestate cases.
- 17th Judicial Circuit, Affidavit Regarding Criminal History. 17th Judicial Circuit. Affidavit filed in testate and intestate cases.
- 17th Judicial Circuit, Checklist for Petition for Formal Administration of Intestate Estate. 17th Judicial Circuit. Local checklist for a formal administration petition.
- 17th Judicial Circuit, Checklist for Petition for Formal Administration of Testate Estate. 17th Judicial Circuit. Local checklist for a formal administration petition.
- 17th Judicial Circuit, Checklist for Petition for Discharge. 17th Judicial Circuit. Local checklist for a petition for discharge.
- 17th Judicial Circuit, Mandatory Checklists. 17th Judicial Circuit. Page listing the circuit's mandatory probate checklists, including formal, summary and ancillary petitions.
General information, not legal advice. The official text controls. Disclaimer.
