Probate is the court-supervised process used to determine who receives the assets and inheritance of an individual after they pass away. This process differs for each state. In Florida, probate is required for almost every estate. There are several important Florida probate forms used throughout this process.
When someone passes away in Florida, probate is done through the local circuit court in the county which the individual resides at the time of death. This page provides information and PDF examples of the most important and common Florida probate forms. Most of the examples on this page are from Broward County’s Probate Court.
Living Will
The Florida Living Will allows someone to document their final wishes while they are still alive and of a sound mind. When someone passes away, wills enter probate to ensure assets are distributed to beneficiaries named within will.
Living Will PDF
Petition for Formal Administration
A Petition for Formal Administration is the standard document used to open a probate case in Florida. Formal Administration refers to the “standard” probate process used for most estates in the State of Florida after someone passes away. There are two other types of probate processes for estates that are valued at less than $75,000.
Petition for Formal Administration PDF
Petition for Summary Administration
The Petition for Summary Administration is a document used for Summary Administration. This is a more “expedited” version of probate. Summary administration is only available if the estate is valued at less than $75,000 worth of assets or in cases where the decedent has been deceased for more than two years.
Petition for Summary Administration PDF
Disposition of Personal Property Without Administration
The Disposition of Personal Property Without Administration is a document used in the rare event where an estate is eligible to skip the probate process altogether. In Florida, an estate is only eligible to forego probate when assets within the estate are valued at less than the amount of final expenses after the probate process is complete. In other words, if someone died with little to no assets, or was in serious debt, they may be eligible for Disposition Without Administration.
Disposition of Personal Property Without Administration PDF
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Petition for Formal Administration of Intestate Estate
The Petition for Administration of an Intestate Estate Intestate is used when an individual died without an estate plan documenting their final wishes. In these instances, the probate court must determine who should receive assets of the deceased individual. Florida has a specific process to make this determination.
There are separate forms for both Formal and Summary Administration of an “intestate” estate. The Petition for Formal Administration of Intestate Estate is used for estates valued at $75,000 or greater.
Petition for Formal Administration of Intestate Estate PDF
Petition for Summary Administration of Intestate Estate
The Petition for Summary Administration of an Intestate Estate is used when the decedent passes away without a will and the value of their estate is less than $75,000. In these cases, their estate is eligible for Summary Administration through the probate court but still has to enter a process to determine who should inherit the property.
Petition for Summary Administration of Intestate Estate PDF
Petition to Determine Homestead
The Petition to Determine Homestead is a document used to determine who should inherit the “homestead” property of a deceased individual. The term “homestead” refers to any type of home used as the primary residence; this does not apply to “vacation homes” or any type of short term residence.
Petition to Determine Homestead PDF
Petition for Formal Ancillary Administration
A Petition for Ancillary Administration is used for non-residents of Florida who own property within the State of Florida. For example, if someone in Michigan owns a Florida vacation home and passes away while residing in the State of Michigan, their property will need to go through Ancillary Probate to determine who will receive the property.
There are separate forms for both Formal and Summary Ancillary Administration. The Petition for Formal Ancillary Administration is used when the property is valued at $75,000 or greater.
Petition for Formal Ancillary Administration PDF
Petition for Discharge
A Petition for Discharge is a document used in the final steps of the Florida probate proceedings. This document essentially shows that each step of the process has been completed by the personal representative and this is their formal request to be relieved from duty as their work is complete.
Petition for Discharge PDF
In general, probate is a complicated process. In fact, in most cases, The State of Florida legally requires that you have an attorney throughout the probate proceedings. Having the necessary Florida probate forms and ensuring they are correctly filled out and filed is only one vital step in this process.
It’s highly advised that you obtain legal advice from an attorney specializing in Florida probate when navigating through probate court.
If you have any questions or concerns, contact our experienced lawyers for a free case review.
