Understanding Florida Probate Forms: A Step-by-Step Introduction
What Is Probate in Florida?
Probate is the legal process that determines who are the legal heirs to a person’s assets after they pass away. In Florida, probate helps make sure that debts are paid and the correct property goes to the right people according to a will, or if there is no will, according to state law.
Here’s what typically happens in probate:
The court checks if there’s a valid will.
Someone is appointed to handle the estate (in Florida it is the “personal representative”).
The personal representative gathers the assets, pays valid debts and taxes, and then distributes what’s left to the heirs or beneficiaries.
Not all assets go through probate. For example, jointly owned property or accounts or any assets with beneficiaries assigned to them (such as pay-on-death or transfer-on-death assignments) may skip this process.
Probate in Florida can be Formal or Summary (a simpler version for smaller estates). The type of probate you need depends on several factors and whether you are required to have a lawyer.
Summary vs. Formal Administration: Which One Applies?
Florida has two main types of probate: summary administration and formal administration. Which one applies to your situation depends on the value of the estate and/or how long it’s been since the person passed away.
Before proceeding, please read this note and word of caution from our Attorney Aldo: While it may be tempting to save a little money by DIYing a probate if you qualify for Summary Administration, I have found that in most cases the family ultimately ends up hiring an attorney and it becomes more expensive to clean up mistakes.
Another temptation may be to just “wait it out” for two years - however again, I would urge families to meet with an attorney as soon as possible after the death of a loved one to properly understand their situation. Certain deadlines and exemptions depend on when the person passed away, especially when blended families are involved and older estates might be harder to process if records are missing.
Summary Administration (Simplified Process)
Summary administration is a quicker, less expensive option. It applies when:
The assets requiring probate equal LESS than $75,000 (not counting exempt property like homestead or main vehicle), or
The person died over two years ago.
In summary administration:
A personal representative is NOT appointed - the court simply issues an Order of Summary Administration
You can file the forms yourself (called pro se)
Some counties in Florida provide forms for the summary administration process for you to do this without a lawyer
Even though a lawyer is not required, working with one can help avoid mistakes that cause delays or rejections. We strongly advise you seek out the help of a lawyer as even most summary administration cases can be tricky depending on the case facts and the specific county’s probate rules and procedures
Formal Administration (Full Probate)
Formal administration is required when:
The assets requiring probate equal are MORE than $75,000 (not counting exempt property like homestead or main vehicle), or
There is a requirement that a personal representative be appointed to deal with creditors, searching for assets, filing taxes or selling property.
In formal probate administration cases:
You must have an attorney.
A personal representative is officially appointed by the court.
The process is considerably longer and requires more court filings and legal steps.
Choosing the correct path is important. Filing under the wrong type can cause delays or force you to start over.
Summary Administration Forms (DIY Probate)
If you qualify for summary administration, you may be able to handle the process yourself. Some counties in Florida offer pro se (DIY) forms for people who are not using a lawyer.
Here are some of the most common forms you might need:
Petition for Summary Administration
This is the main form to start the process. It asks the court to approve the distribution of the estate.
It may also include requests to:
Determine exempt property, such as household items or personal effects protected from creditors.
Petition to Determine Homestead Status of Real Property
Confirm the homestead status of real estate, which can affect creditors, taxes and ownership rights.
Affidavit of Heirs (for Intestate Estates)
If the person died without a will (intestate), this form lists the legal heirs. It helps the court know who is entitled to receive the assets.
Affidavit Concerning Criminal History
This form confirms that the petitioner (the person filing) has not been convicted of certain crimes that would disqualify them from handling the estate.
Joinder, Waiver, and Consent
Signed by other beneficiaries or interested parties, this form shows they:
Agree with the petition
Waive the right to receive formal notice
Support the distribution plan
Using the correct forms and filing them properly is key to avoiding delays. Always check your county clerk’s website or office to get the most up-to-date versions. There are additional documents and filings, but the requirements vary based on each county.
Formal Administration Forms (Attorney Required)
If the estate does not qualify for summary administration, formal probate is required. This process is more complex and must be handled by an attorney in Florida.
Here are some of the key forms used in formal administration:
Oath of Personal Representative and Acceptance of Resident Agent
The person chosen to manage the estate (the personal representative) must swear to perform their duties honestly. This form also appoints a resident agent to receive official notices on their behalf - this resident agent is required to be a licensed Florida attorney.
Notice to Creditors
This form is used to notify potential creditors of the probate case. It must be published in a local newspaper. Creditors then have 3 months to make a claim. Be aware that if you have actual knowledge of any creditors or have received bills in the mail, this Notice to Creditors period does not apply to them. Those creditors must be formally served or they have up to two years from date of death to file their claims.
Inventory
Must be filed within 60 days of the personal representative being appointed, this form lists all assets in the estate and their estimated value.
SPECIAL RULES AND CONSIDERATIONS
Spousal Minimum Elective Share
Under Florida law a surviving spouse is entitled to claim 30% of a deceased spouse’s "elective estate". The elective estate applies to probate and non-probate assets, including trusts, joint accounts, and life insurance, regardless of any assigned beneficiaries or co-owners receiving by right of survivorship.
If the surviving spouse is left less than 30% in the will or by way of assignments and titling, they may petition to take the elective share within the earlier date of six months after being served with a Notice of Administration or two years after the date of death.
Blended Families
Generally, assets will be divided one-half to the surviving spouse and one-half to the deceased spouse’s children from a previous marriage.
If the deceased spouse owned a homestead (primary residence) and had children from another relationship:
The spouse can choose to take a life estate (live and enjoy the home for life) with the remainder going to the deceased’s children,
or
Elect to take a half interest in the property as a co-owner with the children of the deceased spouse owning the other half.
IMPORTANT DEADLINE: a spouse must make this election within 6 months of death – this is an absolute deadline and if missed, then it the property passes as a life estate with remainder to the deceased spouse’s children.
These choices affect future ownership, taxes, and selling the property. It’s important to understand them before making any decisions - please make sure you speak with an attorney if you are facing this situation.
Formal Notice to Medicaid
If the deceased person was 55 or older, the Florida Agency for Health Care Administration (AHCA) must be notified. This is to check if Medicaid is owed any money and Because the state may seek repayment for long-term care expenses paid by Medicaid.
Formal administration ensures proper handling of debts, taxes, and asset distribution, but it also comes with strict legal requirements including formally serving the appropriate and interested parties. An attorney will guide you through each of these forms and filings.
Failing to notify AHCA properly can cause problems later, including delays in closing the estate.
Final Thoughts: Taking the First Step with Confidence
Filing probate forms in Florida can easily get complicated and overwhelming, especially if you're trying to handle it yourself. But understanding the process, requirements and deadlines is the first step toward moving forward.
If the estate qualifies for summary administration, you may be able to complete the paperwork on your own, especially in counties that offer DIY forms. However, we always will recommend that you work with an attorney even if in summary administration to ensure everything is done correctly.
For formal administration, the law requires an attorney. While that may seem like a hurdle, a good probate lawyer ensures everything is handled properly, saving time and avoiding costly mistakes.
Every probate case is different. Whether you're just exploring your options or getting ready to file, taking the time to understand the process will save you time and money later on.
At ARC Law, we’ve been helping families navigate the probate process for almost a decade. Schedule your free initial consultation with our team here.