Florida Probate Forms: The Full List of Required Documents

Florida probate requires specific forms at each stage. This guide lists every major form used in Florida probate proceedings, from opening an estate to final distribution. Whether you are handling formal administration or summary administration, you will find the forms you need here.

Where to Get Florida Probate Forms

Florida probate forms come from several sources. Here is where to find them.

Florida Courts Website

The Florida Courts website provides official forms at flcourts.gov. Many probate forms are part of the Florida Probate Rules.

County Clerk Websites

Each county may have local forms or specific requirements. Check your county's Clerk of Court website for:

• Local cover sheets
• County-specific forms
• Filing instructions
• Fee schedules

Major Florida County Resources

Forms for Opening a Florida Probate Estate

These forms start the probate process.

Petition for Administration

Form: Petition for Administration (Formal) or Petition for Summary Administration

Purpose: This form asks the court to open probate and appoint a personal representative.

Required Information:

• Decedent's name and date of death
• Decedent's last address
• Whether a will exists
• Names and addresses of beneficiaries and heirs
• Estimated value of estate
• Proposed personal representative

When to File: At the start of probate

Death Certificate

Document: Certified copy of death certificate

Purpose: This proves the decedent has died.

Where to Get: Florida Department of Health, local health department, or funeral home

Copies Needed: Order 10 to 15 certified copies. You will need them for banks, title companies, and other institutions.

Original Will

Document: Original last will and testament (if one exists)

Purpose: This shows the court the decedent's wishes for asset distribution.

Requirements: You must submit the original document with original signatures. Courts do not accept copies unless the original is lost.

Oath of Personal Representative

Form: Oath of Personal Representative

Purpose: The proposed personal representative swears to faithfully perform their duties.

Requirements: The personal representative must sign before a notary public or court clerk.

Designation of Resident Agent

Form: Designation of Resident Agent and Acceptance

Purpose: This names a Florida resident to accept legal papers on behalf of a non-resident personal representative.

When Required: When the personal representative lives outside Florida

Bond Forms

Form: Surety Bond or waiver documents

Purpose: This protects beneficiaries and creditors from personal representative misconduct.

When Required: The court requires a bond unless the will waives it or beneficiaries consent to a waiver.

Notice Forms

Florida probate requires formal notices to multiple parties. Here is what you need to know.

Notice of Administration

Form: Notice of Administration

Purpose: This tells beneficiaries and heirs that probate has started.

Who Receives It:

• All beneficiaries named in the will
• All heirs who would inherit if there were no will
• Surviving spouse
• Anyone who filed a caveat

Deadline: Within 20 days of receiving Letters of Administration

Notice to Creditors

Form: Notice to Creditors (for publication)

Purpose: This notifies unknown creditors to file claims.

Publication Requirements:

• You must publish in a local newspaper
• Once a week for two consecutive weeks
• The newspaper must have general circulation in the county

Effect: This starts the 3-month creditor claims period under Florida Statutes Section 733.702.

Notice to Known Creditors

Form: Notice to Creditors (direct notice)

Purpose: This directly notifies known or reasonably ascertainable creditors.

Deadline: Within 3 months of first publication of Notice to Creditors

Method: Send by certified mail with return receipt requested.

Inventory and Asset Forms

These forms document what the estate owns.

Inventory

Form: Inventory

Purpose: This lists all probate assets and their values as of the date of death.

Contents:

• Real property descriptions and values
• Bank account balances
• Investment account values
• Personal property
• Business interests
• Other assets

Deadline: Within 60 days of receiving Letters of Administration

Supplemental Inventory

Form: Amended or Supplemental Inventory

Purpose: This reports assets discovered after filing the original inventory.

When to File: Promptly after discovering additional assets

Accounting Forms

These forms track estate finances. The bottom line: you need accurate records.

Accounting of Personal Representative

Form: Accounting of Personal Representative

Purpose: This shows all estate income, expenses, and distributions.

Contents:

• Assets on hand at start of period
• Income received
• Gains and losses
• Expenses paid
• Distributions made
• Assets remaining

Types:

• Interim accounting (during administration)
• Final accounting (at end of administration)

Waiver of Accounting

Form: Waiver of Accounting and Receipt

Purpose: Beneficiaries use this to waive formal accounting and acknowledge receipt of their share.

When to Use: When all beneficiaries agree to skip formal accounting

Closing Forms

These forms conclude probate administration.

Petition for Discharge

Form: Petition for Discharge of Personal Representative

Purpose: This asks the court to release the personal representative from duties.

Requirements:

• You paid all debts and taxes
• You distributed all assets
• You filed final accounting (or beneficiaries waived it)
• You gave all required notices

Final Report

Form: Final Report of Personal Representative

Purpose: This summarizes the entire administration.

Contents:

• Summary of all receipts
• Summary of all disbursements
• Distributions to beneficiaries
• Statement that you paid all claims

Order of Discharge

Form: Order of Discharge

Purpose: This is the court order that officially ends the personal representative's duties.

Effect: The court releases the personal representative from further liability (with some exceptions).

Receipts from Beneficiaries

Form: Receipt and Release

Purpose: Beneficiaries confirm they received their distribution.

Contents:

• Description of assets received
• Value of distribution
• Release of personal representative from claims

Summary Administration Forms

Summary administration uses fewer forms because it is a simplified process for smaller estates.

Petition for Summary Administration

Form: Petition for Summary Administration

Purpose: This asks the court to use the simplified summary process.

Eligibility Requirements:

• Estate value under $75,000 (excluding exempt homestead), OR
• Decedent has been dead more than 2 years

Order of Summary Administration

Form: Order of Summary Administration

Purpose: This is the court order approving summary administration and directing asset distribution.

Effect: This serves a similar purpose to Letters of Administration in formal administration.

Disposition Without Administration Forms

For very small estates, disposition without administration may be available.

Petition for Disposition Without Administration

Form: Petition for Disposition of Personal Property Without Administration

Purpose: This requests release of assets without opening probate.

Eligibility:

• Only exempt property and non-exempt personal property
• Assets are worth less than funeral and final medical expenses
• No real property in the estate

Order for Disposition Without Administration

Form: Order Authorizing Disposition of Personal Property Without Administration

Purpose: This is the court order authorizing release of assets.

Spousal and Family Protection Forms

Florida provides special protections for surviving spouses and families.

Petition for Family Allowance

Form: Petition for Family Allowance

Purpose: This requests up to $18,000 for surviving spouse and dependent support during probate.

Who Can File: Surviving spouse or dependent lineal heirs

Reference: Florida family allowance guide

Petition for Exempt Property

Form: Petition to Determine Exempt Property

Purpose: This claims the $20,000 exempt property allowance.

Eligible Property: Household furniture, furnishings, and appliances

Reference: Florida exempt property guide

Petition to Determine Homestead

Form: Petition to Determine Homestead Real Property

Purpose: This establishes that property qualifies as protected homestead.

Effect: Homestead passes outside probate to eligible heirs.

Reference: Florida homestead exemption guide

Election to Take Elective Share

Form: Election to Take Elective Share

Purpose: The surviving spouse uses this to claim 30% of the augmented estate.

Deadline: Within the later of 6 months from Notice of Administration or 2 years from death

Reference: Florida elective share guide

Special Situation Forms

These forms address specific circumstances. Let's look at each one.

Petition for Letters of Curatorship

Form: Petition for Appointment of Curator

Purpose: This requests temporary appointment to protect estate assets.

When to Use: Emergency situations requiring immediate action before full administration

Petition for Ancillary Administration

Form: Petition for Ancillary Administration

Purpose: This opens probate for Florida assets when the decedent lived in another state.

Requirements:

• Copy of foreign personal representative appointment
• Copy of will admitted in domiciliary state
• List of Florida assets

Reference: Florida ancillary probate guide

Caveat

Form: Caveat

Purpose: This requests notice before any probate proceedings begin.

Effect: The clerk must notify the caveator before appointing a personal representative.

Objection to Petition for Administration

Form: Objection

Purpose: This contests appointment of the proposed personal representative or other aspects of the petition.

Common Grounds:

• Proposed personal representative is unqualified
• Will is invalid
• Another person has priority to serve

Petition for Removal of Personal Representative

Form: Petition for Removal

Purpose: This asks the court to remove the current personal representative.

Grounds:

• Breach of fiduciary duty
• Incapacity
• Failure to perform duties
• Conflicts of interest

Tax Forms

Probate often involves tax filings. Here is what you may need.

Federal Forms

Florida Tax Forms

Florida has no state income tax or estate tax. But personal representatives may need:

• DR-312: Affidavit of No Florida Estate Tax Due
• DR-313: Affidavit of No Florida Estate Tax Due (for estates with federal estate tax filing)

Form Filing Checklist

Use this checklist to track required forms.

Opening the Estate

• Petition for Administration
• Certified death certificate
• Original will (if exists)
• Oath of Personal Representative
• Designation of Resident Agent (if non-resident PR)
• Bond or bond waiver

During Administration

• Notice of Administration
• Notice to Creditors (publication)
• Notice to Known Creditors
• Inventory
• Any supplemental inventories
• Interim accountings (if any)

Closing the Estate

• Final accounting (or waivers)
• Petition for Discharge
• Receipts from beneficiaries
• Order of Discharge

Tips for Filing Florida Probate Forms

General Tips

1. Use the correct county. File in the county where the decedent lived at death.

2. Make copies. Keep copies of everything you file.

3. Check local rules. Counties may have additional requirements.

4. Pay attention to deadlines. Missing deadlines can complicate administration.

5. Get certified copies. Order extra certified copies of Letters of Administration.

Common Mistakes to Avoid

• Filing in the wrong county
• Using outdated forms
• Missing required signatures
• Failing to serve required notices
• Missing filing deadlines
• Not ordering enough certified copies

Professional Help

Consider working with a Florida probate attorney if:

• The estate is complex
• Beneficiaries are contentious
• You are unfamiliar with court procedures
• The estate includes business interests
• You have disputed creditor claims

Frequently Asked Questions

Where can I get blank Florida probate forms?

The Florida Courts website, your county clerk's website, and legal form providers offer Florida probate forms. Some forms are standardized statewide, while others vary by county.

Do I have to use the exact form or can I create my own?

For most filings, you should use the official forms or forms that contain all required information. Courts may reject documents that do not meet formatting requirements.

How much does it cost to file probate forms in Florida?

Filing fees vary by county and type of proceeding. Expect to pay about $400 for formal administration and $235 for summary administration, plus fees for certified copies.

Can I file Florida probate forms online?

Some Florida counties accept electronic filing. Check with your county clerk about e-filing options and requirements.

How long does it take for the court to process probate forms?

Processing time varies by county and court workload. The court may process simple filings in days. Complex matters may take weeks.

Do I need a lawyer to file Florida probate forms?

Florida allows personal representatives to handle probate without an attorney (pro se). But most personal representatives hire attorneys because probate involves complex legal requirements.

Related Florida Guides

• Florida Probate Guide
• Florida Formal Administration
• Florida Summary Administration
• Florida Executor Duties
• Florida Probate Timeline
• Florida Creditor Claims
• Florida Probate Accounting
• Florida Letters of Administration
• Florida Bond Requirements
• Florida Executor Compensation

---

Sources:

Last Updated: January 2026. This guide provides general information about Florida probate forms. Court forms and requirements may change. Verify current forms with your county clerk or a Florida probate attorney.