1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingFlorida Department of Health in Duval County - Vital Statistics
Office info
- Probate Court Filing2 copies
- Social Security Administration1 copy
- Life Insurance Claims2 copies
- Bank/Financial Accounts2 copies
- Pension/Retirement Accounts1 copy
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
First 10 days
Deposit the Will
Within ten days after death, the will should be deposited with the Clerk of Court in the county where the decedent was living on the day they died. (F.S. 732.901)
Creditor claim window
Creditors generally have 3 months from first publication of Notice to Creditors to bring claims against the estate. (F.S. 733.702)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Florida small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for testate probate. If no will exists, it's intestate administration.
Complex assets? Business interests, real estate in multiple states, or contested claims may require formal administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
For estates with only exempt property plus non-exempt personal property (cash, a vehicle, etc.) whose value does not exceed preferred funeral expenses plus the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness, when the petitioner paid those expenses. There is no fixed dollar cap (F.S. 735.301).
- Non-exempt personal property does not exceed preferred funeral expenses plus last-60-day medical/hospital expenses (no fixed dollar cap)
- Petitioner paid funeral expenses
- Non-exempt assets do not exceed funeral expenses plus medical expenses from last 60 days
- Decedent must have resided in county
- Qualifies:
- Exempt property + preferred funeral expenses + reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (F.S. 735.301; no fixed dollar cap)
- Filing fee:
- $232
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Petition for Disposition Without Administration (Form 500.130)
- Certified Death Certificate
- Itemized Funeral Bill
- Proof of Payment (receipt showing funeral bill paid)
For qualified accounts held by financial institution in sole name of decedent without pay-on-death designation, when decedent has been dead at least 6 months.
- Total estate assets are qualified accounts at financial institution
- Accounts in sole name of decedent without pay-on-death or survivor designation
- Decedent has been dead at least 6 months
- Petitioner must be surviving spouse, adult child (if no spouse), or parent (if no spouse or adult child)
- Qualifies:
- $2,000
Simplified probate for smaller estates or estates where sufficient time has passed since death.
- Estate contains less than $150,000 in non-exempt assets (excluding homestead)
- OR at least 2 years have passed since death
- Decedent must have resided in county
- Qualifies:
- $150,000 in non-exempt assets OR 2+ years since death
- Filing fee:
- $346
- Attorney:
- not required by law, though many families use one
Attorney strongly recommended but not required for summary administration.
Documents you'll need:
- Petition for Summary Administration (Form 500.110)
- Certified Death Certificate
- Original Will (if any)
- Joinder of interested persons or proof of service
Most common form of probate. Used when estate exceeds summary administration thresholds. Requires attorney representation.
- Decedent must have resided or owned property in county
- Personal representative appointed to administer assets
- Attorney representation required
- Qualifies:
- Estates over $150,000 in non-exempt assets
- Filing fee:
- $401
- Typical duration:
- 6-12 months minimum
- Attorney:
- required
Documents you'll need:
- Petition for Administration (Form 500.100)
- Certified Death Certificate
- Original Will (if any)
- Oath of Personal Representative (Form 500.300)
- Designation of Resident Agent (Form 500.400)
- Bond (if required by will or court)
- Notice of Administration (Form 500.600)
- Inventory (Form 500.500)
- Accounting (Form 500.700)
For non-Florida residents who owned Florida real property.
- Decedent was not a Florida resident
- Decedent owned real property in Florida
- Primary probate opened in domicile state
- Filing fee:
- $401
Trustee must file upon death of settlor of a trust
- Filing fee:
- $42
Written notice to prevent probate of will or administration without notice to filer. Assures caveator will be notified if probate administration is filed.
- Filing fee:
- $42
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Duval County Clerk Self-Help Center can help you understand forms and filing requirements at no cost.
Visit Self-Help Center