Documentation is one of the most important parts of the probate. You need to collect the right documents, make sure every detail aligns, and submit everything in the proper format from the start. If something is missing, it can delay the appointment of a personal representative and slow down the entire probate administration process.
What documents do you need to start probate in Florida? Here is a breakdown of what you will need to start probate and how they fit into the process.
The Core Documents Required to Open Probate in Florida
Probate officially begins by filing a petition with the appropriate circuit court in the county where the decedent lived. Along with the petition, there must be several other documents. These include:
Original Will (If One Exists)
Florida Statutes § 732.901 requires an individual in possession of an original will to deposit the will with the court where the probate will take place. Even if you are unsure whether probate will be necessary, the will must still be deposited with the clerk of court within 10 days after receiving information that the decedent has died.
Certified Death Certificate
A certified death certificate is required to confirm the decedent’s passing. The death certificate can be a short form (without the cause of death) or long form (with the cause of death). Financial institutions and other entities will also require certified copies.
Paid Funeral Bill
Depending on the type of probate administration and the decedent’s date of death, the court will require a copy of a paid funeral bill ensuring that funeral services have been taken care of.
Decedent’s Social Security Card
If available, a copy of the decedent’s social security card can be helpful especially when a tax identification number is required for the estate.
Client’s Identification
A valid driver’s license or other government issued photo identification is required.
Copies of Financial Documents
If the decedent’s estate contains liquid assets such as bank accounts or retirement accounts, copies of the most current statements are extremely helpful. In cases where the statements are not available, they can be obtained once a personal representative is appointed.
Copies of Property Deeds and Vehicle Registrations
Copies of deeds for real property owned by the decedent are generally required especially in cases where the deed cannot be located in the official records of the county. For any vehicle owned by the decedent, a copy of the title or vehicle registration is required.
List of Creditors and Copies of Unpaid Bills
A crucial part of a probate administration is notification of creditors. To that end, a list of known creditors and copies of any unpaid bills must be provided to the attorney to ensure those creditors receive notice of the estate and are afforded an opportunity to file a claim. Identifying creditors can usually be done by obtaining a copy of the decedent’s credit report, checking the decedent’s mail, and where available, checking the decedent’s email account.
Additional Documents Required
Depending on the specifics of the estate, the court may require other documents at the time of filing.
Niebla Probate Firm Can Help with the Probate Process
Starting probate in Florida requires the right documents. Niebla Probate Firm guides clients through every step of the Florida probate process. We make sure that all required documents are obtained, properly filed, and fully compliant with court requirements. If you would like to learn more about how we can assist, reach out andschedule a consultation.
