Step 1: Locate and File the Original Will
The first step in opening a probate estate in Florida is locating the original will (if one exists) and filing it with the clerk's office in the county where the decedent resided. While usually straightforward, this can sometimes be difficult and time-consuming, but it's crucial for proper estate administration.
Step 2: Prepare for Personal Representative Appointment
Several things must happen to get the personal representative appointed and the will admitted to probate court:
Obtain Certified Death Certificate
This administrative step may take a couple of weeks from the state of Florida.
Ensure Will Is Self-Proved
The easiest way: If the decedent had two witnesses sign the will AND a notary witnessed all three parties' signatures and can attest to their identities.
If there was no notarization:
- If a witness is in Florida: They can sign an oath at a county clerk's office
- If witness is out-of-state: We typically need someone (often a notary) in that state appointed by our probate court as a "commissioner" to take the necessary oath
Step 3: File Required Documents
The proposed personal representative must file two documents:
Petition
A formal request asking the court for appointment as personal representative, including notice to other beneficiaries who can contest if they disagree.
Oath with Resident Agent Designation
The personal representative must officially name someone who can receive correspondence and legal documents.
This is just step one in opening a probate estate. If you have questions about anything in this process, please contact our experienced probate team.
