Losing a loved one is a deeply emotional and disorienting experience. While your family needs time to grieve, certain legal and financial matters require immediate attention, particularly the probate process.

Probate is the court-supervised legal procedure used to identify a deceased person’s assets, settle their outstanding debts, and distribute the remaining estate to the rightful beneficiaries. If you have been named a Personal Representative (executor) or are navigating a loved one’s estate, knowing exactly what to bring to the Florida probate court clerk can save you time, money, and unnecessary stress.

At Trust Counsel, we guide Florida families through this complex process every day. Our probate administration services ensure you have the legal support you need. As a first step, we’ve outlined the exact documents you must gather to begin the Florida probate process.

The Essential Checklist: What Documents Are Needed for Probate in Florida?

To officially begin the probate administration process and file a probate petition in a Miami-Dade, Broward, or Palm Beach county court, you must provide specific legal and financial records.

Documents you need to gather:

1. The Original Death Certificate: A certified, official copy of the death certificate is legally required to prove the passing and initiate the settlement of the estate.

2. The Original Last Will and Testament: If the deceased left a Will, the original document must be produced for the probate judge. If you only have a copy, the court will require additional hearings, evidence, or witness testimony to establish its legal validity.

A Comprehensive List of Assets and Debts: The court requires an itemized inventory of the estate. You must provide the names, account numbers, and exact financial values of all known assets. You must also provide a detailed list of all known creditors and the exact amounts owed to them.

A Complete List of Heirs and Beneficiaries: The Personal Representative must provide the names, contact information, and relationships of all beneficiaries named in the Will. If there is no Will (dying intestate), Florida state law dictates the distribution of assets, meaning you will need to provide a detailed family tree to the court.

Do All Assets Go Through Probate in Florida?

Not everything a person owns goes through probate. It is essential to identify actual probate assets so you know exactly what needs to be documented for the court to eventually issue Letters of Administration.

Under Florida law, probate assets are those solely owned in the deceased’s name at the time of death, or co-owned assets that lack a designated plan for succession (like rights of survivorship). Common examples include:

• • Real estate properties strictly in the decedent’s name
• • Individual bank and investment accounts
• • Life insurance policies without a living, named beneficiary
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Note: Assets with named beneficiaries (like retirement accounts) or jointly owned property (like a house owned with a spouse) often bypass probate entirely.

Determining Your Probate Path: Formal vs. Summary Administration

Once you have gathered your paperwork, it is critical to know which type of probate administration you will be filing for. The Florida probate courts primarily recognize two types of administration, and the documentation requirements can vary slightly for each:

Formal Administration: This is the standard, traditional probate process. It is required when the deceased’s probate assets are valued at more than $75,000, or if the value of the estate is unknown. Formal administration is more complex and typically applies if the passing occurred within the last two years.

Summary Administration: A faster, expedited process that saves on legal fees and court time. You can only use Summary Administration if the total value of the probate assets is $75,000 or less, OR if the decedent passed away more than two years ago.

Not sure which applies to your family’s situation? Our probate attorneys at Trust Counsel can help you evaluate the estate and choose the most efficient path forward.

At Trust Counsel, We Help You Navigate the South Florida Probate Court

Even with all the right paperwork in hand, the Florida probate system is notoriously strict regarding filing deadlines, formatting, and creditor notifications. A single missing document or miscalculated asset can delay the distribution of an estate by months.

You don’t have to handle the heavy lifting alone. Having an experienced local probate attorney by your side ensures the process moves smoothly, protects you from personal liability as a Personal Representative, and helps resolve any family disputes that might arise during administration.