Probate FAQ

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    What is probate?

    Probate is the court supervised process of collecting assets, paying debts and distributing the remainder to a decedent's heirs or beneficiaries.

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    Could you describe the different types of probate (in Florida)?

    Yes. The 2 major types of probate administration are:

    1. Formal Administration - the longer version of probate. Letters of Administration are only issued in Formal Administration.

    2. Summary Administration - the shorter version of probate. Letters of Administration are NOT issued in Summary Administration. Eligibility: Non-Exempt assets must not exceed $75,000 or 2 years must have passed since the date of death.

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    How much does the State charge to open a probate case in Florida?

    The clerk's base filing fee is $345 for Summary Administration or $400 for Formal Administration. There are a few exceptions (eg. Broward County charges $1 more for either type of probate)

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    How do I do the probate myself? (Do I need an attorney?)

    In the vast majority of cases, State law forbids you to do probate without the assistance of an attorney.

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    I started a Summary Administration myself but now the clerk is telling me I need to get an attorney. Can you help?

    We receive an alarming number of clients in this situation. 99% of the time, the Personal Representative needs to be represented by an attorney. Unfortunately, some court clerks will allow a case to be filed "pro se" (without an attorney) but are prohibited from giving legal advice when a consumer gets stuck.

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    What other costs/expenses are associated with Probate?

    Other than attorneys fees, there may be costs for:
    - Publication of a "Notice to Creditors"
    - Recording Costs
    - Postage
    - Costs of ordering documents (death certificates, copies of Wills..)

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    I'm the named the personal representative (executor) of the Will. Can I immediately perform my duties or do I need court approval?

    Generally speaking, in Florida, a Personal Representative (or Executor) can't take any significant action without a court order. Don't assume however that you *need* "Letters of Administration" to accomplish your goals!

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    How do I access a Safety Deposit Box?

    Typically, by presenting a court order or Letters of Administration (LOA's are actually court orders as well.)

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    I was told that I need a "Small Estate Affidavit." Where can I get one?

    There is no such thing as a "small estate affidavit" within a Florida Probate proceeding. Typically, this is what a bank or brokerage house *thinks* they need because that's what they are reading out of the customer service policy manual.

    You should talk to an attorney about your case and find out what you really need.

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    How long does probate take?

    It depends on :

    1. The type of administration (Summary or Formal administration)
    2. The date of death
    3. The courthouse/clerk's workload

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    What is an Emergency Petition?

    Typically when someone is abusing the assets of an estate, it may be necessary to file an emergency petition to open the estate as soon as possible so that the assets can be frozen.

    Note: Very few cases are considered "emergencies."