How to File for Probate in Florida: Step-by-Step

The first question most executors have after a loved one dies in Florida isn't philosophical — it's practical: what do I actually file, where do I file it, and in what order? The answer depends on which type of probate your estate qualifies for. But the initial steps are the same regardless of route, and they begin before you ever touch a court form.

Step 1: Deposit the Original Will Within 10 Days

If the decedent left a will, whoever has physical custody of the original document is legally required to deposit it with the Clerk of the Circuit Court in the county where the decedent resided within 10 days of learning of the death. This is a statutory obligation under Florida law — failing to do it doesn't just delay probate, it creates personal liability for the custodian.

The deposit has no filing fee, but it typically requires an Acknowledgment of Venue form that includes the decedent's date of death and Social Security number. The will is held by the clerk until formal probate proceedings begin.

If you're not sure which county applies, it's the county where the decedent was legally domiciled at the time of death — not where they owned property, not where they died if they were traveling.

Step 2: Determine Which Probate Track Applies

Florida has three administrative tracks, and choosing the wrong one wastes time and money:

Disposition Without Administration — No court case is opened. Designed for tiny estates where the only assets are exempt personal property and non-exempt personal property whose total value doesn't exceed the costs of funeral and final medical expenses. Effective July 1, 2026, the threshold increases to $20,000 for intestate estates of only personal property. An interested party files an informal application with the clerk; a judge signs an authorization letter. No attorney required in most cases.

Summary Administration — An expedited proceeding without a personal representative. Available when: (1) the estate has $150,000 or less in non-exempt assets (homestead and statutory exempt property excluded from this calculation, effective July 1, 2026), or (2) the decedent has been dead for more than two years regardless of estate value. Typically takes 4 to 8 weeks. An attorney is strongly recommended and in practice nearly always needed.

Formal Administration — The full court-supervised process. Required when the estate exceeds the Summary Administration threshold and the decedent has been dead less than two years. Requires appointing a personal representative. Under Florida Probate Rule 5.030, the personal representative must be represented by a Florida-licensed attorney unless they are the sole interested person in the estate.

Step 3: Engage a Florida-Licensed Probate Attorney

For Formal Administration, this step is mandatory, not optional. Florida Probate Rule 5.030 makes it a legal violation for a personal representative to handle Formal Administration without attorney representation unless the representative is the only beneficiary. Courts will halt the proceedings if you attempt it pro se.

For Summary Administration, technically you can attempt it without an attorney, but courts provide zero guidance. Counties like Hillsborough have no dedicated probate self-help center. Miami-Dade's mandatory CC-series checklists are dense documents that require you to cross-reference every filing against specific statutory requirements before the clerk will forward the file for judicial review. The failure rate for unassisted Summary Administration filings is significant.

If you're concerned about attorney costs, bring organization to that first consultation. Know which assets the estate holds, have the death certificates ready, and understand the statutory fee schedule under Florida Statute 733.6171. Attorneys bill based on complexity — your preparation is the lever you control.

Step 4: File Through the Florida Courts E-Filing Portal

All probate filings go through the Florida Courts E-Filing Portal at myflcourtaccess.com. Attorneys must use the portal; self-represented litigants can opt in, though some counties require pro se filers to submit in person.

The petition initiating the case is filed in the Circuit Court of the county where the decedent was domiciled. In Florida, probate is handled by the Circuit Court, not county court — so "Palm Beach Circuit Court," not "Palm Beach County Court."

For Formal Administration, the filing package typically includes:

• Petition for Administration (identifying heirs, assets, and the proposed personal representative)
• Original will (or a verified copy if the original was lost)
• Certified death certificate
• Oath of Personal Representative
• Designation of Resident Agent (if the personal representative is out of state)
• Proposed Order Admitting Will to Probate
• Proposed Letters of Administration

For Summary Administration, the filing package typically includes:

• Petition for Summary Administration
• Original will (if testate)
• Certified death certificate
• Proposed Order of Summary Administration

Step 5: Navigate County-Specific Requirements

This is where many filers get caught. Florida's 67 county circuit courts each enforce local administrative requirements that are layered on top of state statute. Filing a packet that complies with state law but ignores the local rules results in a Deficiency Notice and a delay.

Miami-Dade (11th Circuit): Requires mandatory Checklists and Certifications — Form CC-01 for intestate Summary Administration, Form CC-07 for homestead proceedings, and others. Each checklist must be explicitly cross-referenced against the petition before the clerk forwards the file.

Broward (17th Circuit): Requires proprietary "Smart Forms" that have locally coded interactive elements. A standard PDF without these elements gets rejected. Uncontested matters like Petitions to Sell Real Property must be scheduled on the Uniform Motion Calendar and argued via Zoom.

Orange County (9th Circuit): Routine non-evidentiary pleadings — Order Admitting Will, Homestead Determination, Discharge — are submitted directly to chambers by email ([email protected]) in Microsoft Word format. They bypass the standard hearing calendar entirely.

Lee and Sarasota Counties (12th and 20th Circuits): Mandatory checklists must be filed simultaneously with the petition. Failure to include the signed checklist results in the proposed order being deleted from the judicial queue.

Checking the local administrative orders for your county before filing saves weeks of back-and-forth.

Step 6: Receive Letters of Administration (Formal) or the Order (Summary)

For Formal Administration, once the court reviews the petition and is satisfied with the filings, it issues Letters of Administration — the document that formally appoints and empowers the personal representative. Banks, title companies, and government agencies require this document before releasing any estate assets. You'll need multiple certified copies ($3 per page plus certification fee).

For Summary Administration, the court issues an Order of Summary Administration directing financial institutions to release assets to the petitioners. This document performs the same function as Letters of Administration but without appointing a personal representative.

The bond requirement in Formal Administration (a financial guarantee protecting beneficiaries and creditors) is waived if the will expressly waives it, though the judge retains discretion to require it anyway for out-of-state representatives or estates with significant liquid assets.

After Filing: Key Deadlines That Can't Slip

Once the case is open and the personal representative is appointed, the clock starts on several hard deadlines:

• 60 days: File a verified Inventory of Assets with the court, reflecting fair market values at the date of death.
• 2 consecutive weeks: Publish Notice to Creditors in a county-qualifying newspaper.
• 90 days from first publication: Unknown creditors must file claims by this date or be barred.
• 30 days from service: Known creditors (those served directly) must file within 30 days of service.
• 2 years from date of death: All unsecured creditor claims are absolutely barred regardless of notice, under Florida Statute 733.710.
• 30 days from homestead order: Interested parties who want to challenge the homestead determination must do so within 30 days of the order being signed, or the order becomes final.

The Florida Probate Process Guide includes a full deadline tracker for all mandatory filing dates across the entire estate administration — from the initial will deposit through final discharge. If you're heading into Formal Administration and want to manage the administrative workload efficiently without paying attorney rates for paperwork organization, that's exactly what it's designed for.

Filing for probate in Florida is procedural work. The harder part is knowing which track applies, which county forms are mandatory, and what order the deadlines run — and that's where most first-time executors lose time.

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