1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingFlorida Department of Health in Palm Beach 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
Any person having custody of a will must deposit it with the Clerk of Court within 10 days after learning of the testator's death. (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.
Simplest form of probate for very small estates where assets only cover final expenses.
- Estate consists of exempt personal property and non-exempt personal property only
- Non-exempt assets do not exceed funeral expenses plus medical expenses from last 60 days of life
- No real property in the estate
- Decedent must have resided in Palm Beach 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)
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Petition for Disposition Without Administration
- Death Certificate (certified)
- Itemized Funeral Bill
- Proof of Payment of Funeral Expenses
- Medical Bills from Last 60 Days
- Asset Documentation
- Consents from All Interested Parties
Simplified probate for smaller estates or estates where sufficient time has passed since death.
- Estate value under $150,000 in non-exempt assets (excluding homestead)
- OR at least 2 years have passed since death
- Decedent must have resided in Palm Beach County
- No personal representative appointed
- Assets distributed directly to beneficiaries by court order
- Pro se (self-represented) filers may file in person
- Digital probate checklist must be filed
- Qualifies:
- $150,000 in non-exempt assets (excluding homestead) OR 2+ years since death
- 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
- Death Certificate (certified)
- Original Will (if testate)
- Digital Probate Checklist
- Order of Summary Administration
Full probate administration with court supervision. Most common form of probate for larger estates.
- Decedent must have resided or owned property in Palm Beach County
- Personal representative appointed by court to administer assets
- Attorney representation required in Florida
- E-filing mandatory for attorneys
- Inventory and accounting required
- Creditor notice period required
- Digital probate checklist must be filed
- Qualifies:
- Estates exceeding $150,000 in non-exempt assets, or less than 2 years since death
- Typical duration:
- 6-12 months minimum
- Attorney:
- required
Documents you'll need:
- Petition for Administration
- Death Certificate (certified)
- Original Will (if testate)
- Digital Probate Checklist
- Oath of Personal Representative
- Designation of Resident Agent (if non-FL resident)
- Bond (if required by will or court)
- Letters of Administration/Testamentary
- Notice to Creditors
- Inventory
- Accounting
For non-Florida residents who owned property in Palm Beach County at death.
- Decedent was not a Florida resident
- Decedent owned real or personal property in Palm Beach County
- Domiciliary (home state) probate may also be required
The Clerk's office will now accept Petitions to Determine Homestead without the necessity of opening a Summary Administration Estate.
Must complete the appropriate probate checklist
Trustee of a revocable trust must file notice with the court upon death of the settlor (trust creator).
Written notice filed to prevent probate of a will or administration of an estate without notice to the caveator.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Clerk Self-Service Center can help you understand forms and filing requirements at no cost.
Visit Self-Help Center