Probate Forms Needed in Florida + (PDF's)

Losing a loved one is something you can never prepare for. Neither is being named the executor or administrator of an estate–well, sort of. Among the many emotions, an executor may be feeling, the constant dread of paperwork and probate filings can weigh them down considerably.

Luckily, we at ClearEstate are here to help as much as possible. In this article, we will provide a breakdown of the many forms required for probate in the state of Florida as well as a PDF copy of each of them.

Living Will

A person’s final will outlines their wishes as to how their assets are to be distributed upon their death. You will need to have an original copy to begin the formal process. Living Will PDF Form

Petition for Formal Administration

This is the standard document used to begin the probate process, assuming you aren’t probating the will via summary administration. Petition for Formal Administration PDF Form

Petition for Summary Administration

In the event that you are eligible to probate your loved one’s will via summary administration, this form begins this expedited process.

Petition for Summary Administration PDF Form

Wondering if you are eligible for summary administration? Check out our most recent guide to summary administration in Florida.

Affidavit of Heirs

This instrument is used to prove who the heirs of the deceased are during the probate process so that they can be notified and the court can determine who is entitled to the assets listed within the decedent’s will (if there is one). Note that this document will need to be notarized.

Affidavit of Heirs PDF Form

If you were looking for a specific form and have not found it yet, no worries. Here are some of the most common probate forms in Florida–aside from the ones previously mentioned.

Disposition of Personal Property Without Administration

In the highly uncommon event that an estate can circumvent the probate process, then a Disposition of Personal Property Without Administration form will need to be completed. This situation typically arises if someone died with little-to-no assets or was in serious debt.

Disposition of Personal Property Without Administration PDF Form

Petition to Determine Homestead

This instrument is used to indicate who should inherit the homestead property of the deceased. Generally defined, homestead property is one that is used as the owner’s primary residence, unlike a vacation home, for instance.

Petition to Determine Homestead PDF Form

Petition for Formal Ancillary Administration

This document is used in cases where the deceased was a non-resident of Florida, but owned property within the state. Their property will need to go through a type of probate called ancillary probate.

Petition for Formal Ancillary Administration PDF Form

Key Insight: Just because a non-resident did not own property in Florida does not mean they will not need to file for ancillary administration. As per § 734.102(1) of the Florida Statutes, any asset, lien, or credits from Florida residents are counted as property.

Petition for Discharge

Typically, this form is the last to be filed in the Florida probate process. It verifies that each step of the administrator’s duties has been fulfilled (including filing the estate’s tax returns) and that they are asking to be relieved from their duty.

Petition for Discharge PDF Form

Sound Like Too Much Paperwork?

If going through this list of forms made you feel overwhelmed, you’re not alone. Both the formal and summary probate processes in Florida are long and complex, but they don’t have to be.

ClearEstate can help. Backed by our team of estate professionals, carrying decades of experience in estate administration in Florida. We can guide you through the entire probate process, and help you get your peace of mind back. Schedule a free, no-obligation 30-minute consultation today!