To begin a probate proceeding, the personal representative of the decedent’s estate must file a petition, which is typically prepared by an attorney. The personal representative is then responsible for all aspects of administering the estate until all financial obligations have been met and all estate assets have been distributed to beneficiaries in accordance with the decedent’s wishes or with Florida law (when no last will and testament has been found).
The personal representative must file various items of paperwork in addition to filing a disposition of personal property without administration. These items include the following:
Once you have filed this information with the clerk, the court may then authorize the transfer, payment or disposition of all personal property belonging to the decedent.
The county clerk’s office usually suggests calling ahead to discuss what is required with the staff before you go to the office. Calling ahead could help you avoid a fruitless trip or actions that could delay the process.