Probate is a legal process through which the assets of a deceased person are distributed to the heirs or beneficiaries. The Court oversees the estate to make sure debts are disposed of an proper distribution is made.

Probate proceedings are initiated with the filing of a Petition by an interested person asking to be appointed personal representative and/or distribute property depending on size and complexity of property. The Petition is normally prepared by an attorney. The appointed person will be responsible for the estate until all bills are paid and the balance of the estate is distributed to the rightful beneficiaries.

The following must be provided. The original Will must be filed with the Clerk of the Circuit Court within ten days of the notice of death plus an itemized, paid funeral bill. Receipt must identify individual paying bill. Paid receipts for any medical expenses incurred sixty days prior to death. A certified death certificate. Specific information regarding the type of asset to be released (Example - copies of Bank Statements, stock certificates). Identification of the person filing plus filing fee as set by Florida Statute.

A will is a document executed by a person which disposes of his/her property after death. It generally names a personal representative to administer the estate. The custodian of the will must deposit the original will with the Clerk of the Circuit Court, within 10 days after receiving information that the person is deceased. The custodian should supply the person's date of death or the person's social security number to the Clerk upon deposit of the will, if this information is available.

A will is a document executed by a person which disposes of his/her property after death. It generally names a personal representative to administer the estate. The custodian of the will must deposit the original will with the Clerk of the Circuit Court, within 10 days after receiving information that the person is deceased. The custodian should supply the person's date of death or the person's social security number to the Clerk upon deposit of the will, if this information is available.

It will be necessary for an attorney to petition the Court to appoint a personal representative to administer the estate.

An original will can be filed with the Clerk at any time for safe keeping.

A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to represent (protect) the rights of a minor or incapacitated person.

An incapacitated person is a person who has been determined by the court to lack the capacity to manage at least some of their property or to meet at least some of the essential health and safety requirements of that person.

A person petitions the court to determine another person’s incapacity and simultaneously petitions the court to appoint a guardian for that person. The court appoints an attorney to represent the alleged incapacitated person. A committee appointed by the court examines the individual and reports their findings to the court. A hearing is scheduled to determine the partial or total incapacity of the individual. If the court determines the person to be incapacitated, a guardian is usually appointed for the incapacitated person.

A guardian is a person who has been appointed by the court to act on behalf of a ward’s person (Guardian of Person) or property (Guardian of Property), or both (Guardian of Person and Property)

Managing the property of the incapacitated person, including:
1. Taking inventory of the property
2. Investing prudently
3. Using financial proceeds for the persons’ support
4. Filing detailed reports with the court
5. Obtaining court approval for certain financial transactions

Handing the responsibilities delegated in court for the person, such as
1. Providing medical, mental and personal care services
2. Determining the residential setting best suited to the person
3. Presenting a detailed plan to the court each year for the care of the incapacitated person

Not if a person partially or fully recovers from the incapacity. The court can reexamine the person and restore some or all of their rights when petitioned

Refer to Fees for current filing fees.