1. Information Gathering: 

1. Obtaining the original will and codicils (if any) 

2. Obtain and compile a list of a beneficiaries, with name and address.  

3. List all assets that you have discovered or think may exist. 

4. If you have the original will, make sure to deposit with the Probate Clerk of Court in the county where the decedent resided immediately and retain a copy for your records. 

5. Obtain certified copies of the death certificate. 

6. Check to see if any claims or caveats have been filed. 

7. Decide whether a Probate Bond will be necessary. 

 

2. Initial Document Preparation: 

In order to open your Formal Administration in Florida we will prepare and file the following: 

1. Petition for Administration 

2. Oath of Personal Representative 

3. Designation of Resident Agent 

4. Petition to Admit Will to Probate (if there is a will) 

5. Proposed Letters of Administration 

6. Oath of Witness to Will (if a will and non-self proving) 

7. Bond Application for Personal Representative (if necessary) 

8. Affidavit of Heirs

9. Consent and Waiver by Beneficiaries

10. Proposed Order Appointing Personal Representative 

 

3. Initial Probate Procedures: 

After the creation of your Formal Probate we will help you begin to administer the estate.  This stage typically deals with the following: 

1. File Petition to Determine  Homestead Status of Real Property (if any)

2. Submit Proposed Order Determining Homestead Property

3. Gather the assets

4. Send Notice of Administration to Beneficiaries

5. Send Notice to Known Creditors (file proof of service with court)

6. Send Notice to Creditors to Florida Medicaid Recovery if decedent was over age 55 (file proof of service with court)

7. Publish Notice to Unknown Creditors (file proof of publication with court)

8. File Verified Statement Regarding Creditors 

9. File Affidavit of no estate tax due (if applicable) 

10. File Application for Federal Tax Id (EIN)

11. Creation of a checking account for estate. 

12. Change of Address Notices

 

4. Inventory the Estate 

After opening a probate and creating the mechanisms for the Probate process to move forward correctly the next stage is to perform an inventory of the assets for the benefit of the Court and the beneficiaries. 

1. Prepare inventory, send to interested parties and file with the Court

2. File proof of serving inventory on interested parties

3. Sell assets (if necessary)

 

5. Close out the Estate 

1. File Final Accounting of Personal Representative 

2. File proof of serving Final Accounting on interested parties

3. Obtain Waivers from Beneficiaries

4. Pay Creditors (if there are enough non-exempt assets in the estate) & file proof of payment

5. Submit Proposed Order of Discharge

6. Cancel bond

7. Close out estate accounts 

8. File final IRS Forms 

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