Filing probate in Florida means submitting the right documents, in order, to the circuit court in the county where your loved one lived. At minimum, you need the original will (if one exists), a certified death certificate, and a completed petition for administration. From there, the court requires notice to beneficiaries and creditors, an inventory of assets, and periodic filings until the estate closes. Carol L. Grant, P.A. helps Pembroke Pines and Broward County families gather these documents and file them correctly the first time, so a case doesn't stall over a missing form or a missed deadline.
Last Updated: September 2026
Key Takeaways
- Florida requires the person holding the original will to file it with the court within 10 days of learning of the death, whether or not probate is ultimately opened.
- Estates with $150,000 or less in non-exempt assets may qualify for summary administration instead of the longer formal administration process.
- Before you file, you'll want a certified death certificate, the original will if one exists, and a list of heirs and beneficiaries.
- Florida law requires a licensed attorney to represent the personal representative through formal administration.
- Missing paperwork, missed deadlines, and improper notice are the most common reasons a Florida probate case stalls.
What Triggers a Probate Filing in Florida?
Probate becomes necessary when someone dies owning assets in their name alone, with no beneficiary designation and no joint owner to take over automatically. A bank account, a house, or a car titled only in the decedent's name typically needs a court process before it can transfer to heirs.
Florida offers two main paths. Formal administration is the standard process and requires a licensed attorney. Summary administration is a shorter path available when the estate's non-exempt assets total $150,000 or less, or when the decedent has been gone for more than two years.
Carol L. Grant, P.A. reviews the estate first and tells you which path fits before any paperwork gets filed. You can read more about formal administration and summary administration on our probate and estate administration pages.
What Documents Do You Need to File Probate in Florida?
Before you can open a case, you'll want to have a few things in hand:
- The original signed will, if one exists
- A certified copy of the death certificate
- A list of heirs and beneficiaries, with current addresses
- A general idea of the estate's assets and their approximate value
- Any known creditor information
Gathering these ahead of time saves real delay later. If you're not sure whether you have everything, our personal representative guidance page walks through what a personal representative typically needs to have ready.
How Do You File a Petition for Administration in Florida?
A petition for administration is the formal request asking the court to open the estate and appoint a personal representative. It states who died, where they lived, who the heirs are, and who is asking to serve.
Venue matters. You file in the circuit court for the county where the decedent lived at the time of death. For Pembroke Pines and the rest of Broward County, that's the probate division of the 17th Judicial Circuit in Fort Lauderdale, and attorneys file through the statewide Florida Courts E-Filing Portal. If the decedent lived out of state but owned Florida property, the estate may need ancillary probate instead.
Filing fees vary by county and case type, so ask our office for the current fee that applies to your situation. Florida law also requires that a personal representative in formal administration be represented by a licensed attorney, so the petition itself is typically prepared and filed by counsel. If you already have the will and need to know what happens once it reaches the courthouse, our page on filing the will with the court covers that first step in more detail.
What Notice Do You Have to Give During Florida Probate?
Once the estate is open, Florida law requires notice to the people and businesses with a stake in it. The personal representative sends a Notice of Administration to beneficiaries and other interested parties, letting them know the estate has opened and explaining their rights.
Creditors get notice too. Known creditors receive direct notice, and the personal representative typically publishes a notice in a local newspaper for unknown creditors, who then have a limited window, generally three months from first publication, to file a claim against the estate. Florida Statutes Chapter 733 governs these requirements. If a creditor claim needs to be resolved, our creditor claims management page explains how that process works.
What Documentation Do You File After the Estate Opens?
Filing the initial petition is just the start. Florida personal representatives have ongoing paperwork throughout the case:
- An inventory of the estate's assets, typically filed within 60 days of receiving Letters of Administration
- Accountings showing how estate funds moved in and out
- Receipts or waivers once assets are distributed to beneficiaries
- Additional filings if new assets turn up or circumstances change
Skipping or delaying these filings is one of the most common reasons a probate case drags on longer than it should. Our glossary of probate terms can help if some of this paperwork uses language you haven't seen before.
What Are the Most Common Filing Mistakes in Florida Probate?
Families who try to handle Florida probate paperwork on their own tend to run into the same handful of problems: incomplete petitions, missed notice deadlines, documents filed in the wrong venue, or a will that turns out to be missing a required signature or witness.
Any one of these can add weeks or months to a case. Carol L. Grant, P.A. reviews every document before it's filed, so Pembroke Pines and Broward County families don't lose time re-filing something the court sends back.
Common Questions About Probate Filing and Documentation in Florida
What forms do I need to file probate in Florida?
At minimum, you need a petition for administration, the original will if one exists, and a certified death certificate. Depending on the type of administration, you may also need an oath of personal representative, a designation of resident agent, and proposed Letters of Administration.
How long do I have to file probate after someone dies in Florida?
Florida doesn't set a strict deadline to open probate itself, but the person holding the original will must deposit it with the court within 10 days of learning of the death. Waiting too long can also complicate creditor claims and asset transfers.
What happens if I miss the deadline to file the will?
Missing the 10-day deadline doesn't automatically bar probate, but it can create complications, especially if beneficiaries or creditors are harmed by the delay. It's best to file as soon as you locate the original will.
How much does it cost to file probate in Florida?
Filing fees vary by county and by the type of administration you're filing. Our probate costs and fees page breaks down what typically factors into the total cost, and our office can give you a specific figure for your case.
Do I need an attorney to file probate in Florida?
For formal administration, yes. Florida law requires a personal representative to be represented by a licensed Florida attorney throughout the process. Summary administration and disposition without administration have more limited exceptions.
What is a petition for administration?
It's the formal document that asks the court to open a probate case and appoint a personal representative. It identifies the decedent, the heirs, and the person requesting to serve.
What is the Notice of Administration?
It's the notice a personal representative sends to beneficiaries and other interested parties once the estate opens, informing them of the case and their right to object or make a claim.
Do I have to publish a notice to creditors in Florida probate?
In most formal administrations, yes. The personal representative publishes notice in a local newspaper so unknown creditors have the chance to file a claim within the statutory window.
What's the difference between formal and summary administration filing requirements?
Formal administration requires an attorney, a full petition, and ongoing filings like inventories and accountings. Summary administration uses a shorter petition and is available for smaller estates or when the decedent has been gone more than two years.
What happens if I make a mistake on probate forms?
Errors on probate forms usually mean the court sends the document back for correction, which adds time to the case. Working with an attorney from the start helps prevent these delays.
Talk to Carol L. Grant, P.A. About Filing Your Florida Probate Case
You don't have to figure out Florida's probate paperwork alone. Carol L. Grant, P.A. helps families throughout Pembroke Pines and Broward County gather the right documents, file them correctly, and keep a case moving. Call (954) 404-8274 or schedule a call to talk through your situation.
