Filing a Petition for Letters of Administration in Florida, Step by Step

Learning how to fill out a petition for letters of administration starts with knowing what the court is asked to do. In Florida, the petition asks the probate court to appoint someone to handle an estate when the person who died left no valid will. This guide walks through each required part in order, so you can see where every fact comes from before anything is filed.

What a petition for letters of administration does in Florida

The petition asks the court to appoint a personal representative (often called an executor). It also asks the court to grant letters of administration, which is the court’s written proof of that authority.

Florida law says any interested person may petition for administration of an estate. An interested person is anyone who may reasonably be expected to be affected by the outcome of the case, such as an heir. The Florida probate definitions also define letters as the court’s grant of authority to the personal representative.

This guide focuses on the no-will path. When no valid will disposes of property, that property passes to the decedent’s heirs under the Florida intestate succession statute.

A will found later changes the case. If a will is admitted after letters are granted, the letters must be revoked and new letters granted, under Florida’s preference statute.

Confirm the county and who has priority to be appointed

Venue usually lies in the Florida county where the decedent was domiciled. If the decedent had no Florida domicile, venue lies in any county where the decedent’s property is located, under Florida’s venue statute. If you file in the wrong county, the court may transfer the case.

Fla. Stat. § 733.101 sets the venue for probate of wills and granting letters, not priority among heirs in an estate with no will.

Fla. Stat. § 733.101 sets the venue for probate of wills and granting letters; the felony disqualification for personal representatives is in Fla. Stat. § 733.303(1)(a). The disqualification for convictions of abuse, neglect, or exploitation of an elderly person or disabled adult is in Fla. Stat. § 733.303(1)(b). A person who is mentally or physically unable, or under 18, is also disqualified, under Florida’s disqualification statute. The petition must state the priority and qualification of the person you want appointed, under Florida’s probate petition rule.

Gather the facts the petition asks for

Before you write anything, collect the decedent’s identity, death details, domicile, family members, and a rough value of the assets.

The rule requires the decedent’s last known address, the last four digits of the Social Security number, the date and place of death, and the state and county of domicile. It also requires the surviving spouse, the beneficiaries and their relationship to the decedent, and the birth year of any minor beneficiary, so far as you know them.

Notice matters. The personal representative must promptly serve a notice of administration on known persons, including the surviving spouse, under Florida’s notice statute. A missing name can cause problems later.

The petition also needs the approximate value and nature of the assets. Real estate, bank accounts, vehicles, and business interests are common categories.

Search for a will. In a no-will case, you must state that, after reasonable diligence, you know of no unrevoked will. If you hold an original will, the will deposit statute requires you to deposit it with the clerk within 10 days after learning the person has died. Keep a certified copy of the death certificate ready for the clerk.

Complete the petition, sworn statements, and proposed personal representative

To fill out a petition for letters of administration, you sign it under oath and complete every required statement. The petition must be verified by the petitioner.

The petition states your interest, your name and address, and your attorney’s name and office address. It includes a statement showing venue. It also states that the proposed personal representative is qualified under Florida law, covering the felony, elder-abuse, capacity, and age points listed in the probate petition rule.

Bond is a separate question. Unless the will or the court waives it, the appointee must file a bond with surety that is joint and several, under Florida’s bond statute. The court can waive the bond, require one, or change the amount.

If a later will or codicil turns up, any interested person may petition to revoke the earlier probate or to probate the later will, under Florida’s later-will statute. No will or codicil may be offered after the estate has been completely administered and the personal representative discharged. For how far back a will challenge can reach, read how far back can a will be contested.

Attach documents, file with the clerk, and understand the next steps

File the signed petition with the clerk of the court in the county of venue.

For a will estate, the original will must be in the court’s possession or accompany the petition. For a no-will estate, the sworn statement about unrevoked wills takes its place. Keep complete copies of everything for your file.

Clerk filing costs are separate from any attorney’s fees. Plan for both before you file.

After filing, the personal representative must promptly serve notice of administration on known persons. Any interested person on whom a copy of the notice of administration is served must file an objection to the will’s validity, venue, or the court’s jurisdiction on or before the date that is 3 months after the date of service. After that, the objection is forever barred, and extensions are narrow. An objection can never come later than the earlier of final discharge or one year after service. Once the court approves the appointment, it grants letters of administration.

If your family also has a trust, see whether beneficiaries are entitled to see trust documents.

Where a Florida probate lawyer’s review fits in

Trust Counsel, PL advises and represents trustees, personal representatives and beneficiaries. Its only office is in Coral Gables, Florida. Leslie V. Marenco is the lawyer responsible for this page.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.

For the wider picture of trust disputes, see trust litigation attorney resources.

Quick answers

If a relative died without a will and you’re unsure whether this petition is the right first step, you can ask about it. Trust Counsel offers a free first consultation that is confidential and carries no obligation to continue. Call (305) 707-7126 or schedule online.