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What’s Needed to Bring a Probate Proceeding in Florida

Florida Probate Court

Many people call our office interested in pursuing probate in Florida, whether formal or summary. This guide explains the key requirements and documents needed to start the process, based on common questions we receive.


Formal vs. Summary Probate in Florida

Florida uses two main types of probate:

  • Formal Probate: Required when assets subject to creditor claims exceed $75,000 or the decedent passed away less than 2 years ago. This process takes longer.

  • Summary Probate: Available when the decedent passed away at least 2 years ago and non-exempt assets are $75,000 or less. It can also apply if assets are $75,000 or less even if death was less than 2 years ago, though other factors may require formal probate.


Assets Subject to Creditor Claims

The $75,000 limit excludes:

  • Homestead property

  • Up to 2 vehicles

  • $20,000 in household items and furnishings

Assets that count toward the limit include:

  • Bank accounts

  • Money markets

  • Additional real property (not homestead)

Always consult an attorney, as some situations require formal probate regardless of value or time since death.


Required Documents to Start Probate

Without these, probate cannot begin.


1. Proof of Death

  • A death certificate is required in most cases.

  • If the decedent passed away in another country, a comparable official document verifying death is needed.

  • The court must have legal proof the person passed away.


2. Original Last Will and Testament (If One Exists)

  • The original will is typically required to be filed with the court.

  • The will must be signed by the testator and 2 witnesses who were all present at the same time.

  • This applies to handwritten wills as well.

  • A self-proving affidavit (signed by a notary) makes admission faster by avoiding the need to locate witnesses later.

  • Without the affidavit, witnesses may need to sign statements or testify in court.

  • Copies of the will require additional steps.


3. Information About Assets

  • Knowing the value and type of assets helps determine formal or summary probate.

  • If asset values are unknown and the decedent died within 2 years, formal probate is usually required.

  • Gather account information when possible to avoid unnecessary formal administration.


4. Information About Debts

  • Debts must be addressed during probate for assets subject to creditor claims.

  • Homestead property and up to 2 vehicles are protected from creditor claims.

  • Even if only homestead is involved, knowing about creditors is helpful.


5. List of Heirs

  • Required even if a will exists.

  • All heirs under Florida law must be identified, including their names and addresses.

  • This includes children, adopted children, and others based on the family tree.

  • Heirs who passed away after the decedent may require additional probate.

  • Complex family situations may need an heir search.

  • All heirs must be named and notified—personal disinterest does not remove this requirement.



Need Help with Probate in Florida?

If you have questions about starting probate, contact atCause Law Office—the non-stuffy attorneys. We help with both formal and summary administration across Florida.


This information is for general guidance. Consult a Florida probate attorney for your specific case.



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