Florida probate workflow
Florida Formal Probate Administration Checklist
A source-linked workflow for original-will custody, opening a Florida formal administration, inventories, probate notices, and claim tracking.
Prepared and reviewed by the Law Firm Training Manual Editorial Team. Read our editorial and correction standards or report a correction.
Update note: Initial publication. Current 2026 Florida probate statutes, the October 1, 2026 Florida Probate Rules compilation, and official Florida Bar and e-filing sources were checked on October 2, 2026.
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Treat probate as a controlled sequence, not one filing
Florida formal administration moves through connected but distinct operational phases: preserve original instruments and source records, obtain the lawyer’s procedure and venue decisions, assemble the opening set, verify the signed order and issued Letters of Administration, complete directed notice work, control creditor and claim records, and prepare later administration and closing work. A checklist should show which evidence unlocks the next phase rather than imply that filing the petition completes the opening.
The responsible lawyer decides the procedure, venue, testate or intestate position, interested persons, fiduciary qualification, required filings, service recipients, legal dates, creditor status, objections, payment, distributions, and closing. Staff can build verified source tables, preserve exact documents and events, surface conflicts, and carry out approved steps without making those legal determinations.
- Name the responsible lawyer, assigned staff member, current phase, next gate, and unresolved exception.
- Use current statewide authority, the assigned court’s current instructions, and firm-approved forms and systems.
- Do not copy a prior estate’s legal selections, recipients, dates, or filing package into the new matter.
Preserve the original will and establish the source record
Florida Statutes § 732.901 states that the custodian must deposit the will with the clerk having venue within 10 days after receiving information that the testator is dead. After receipt, the clerk must retain and preserve the original in its original form for at least 20 years. For this section, the statute’s definition of will includes a separate writing described in § 732.515. The lawyer controls the trigger, calculation, venue, and treatment of each item; staff records the source facts and approved action.
Intake should identify every possible will, codicil, separate writing, envelope, fastener, and related delivery item; protect its physical condition and order; and record receipt, custodian, location, access, transfer, and deposit evidence without marking or reorganizing the original. Deposit with the clerk is not the same event as admission of a will to probate.
Record observable facts separately from legal conclusions. An item may be logged as an apparent original or copy with a date, page count, signatures, notarial material, alterations, damage, or attachments, but the lawyer decides venue, deadline treatment, testamentary status, validity, revocation, republication, incorporation, and what must be deposited or filed.
- Keep the physical custody log, approved copy set, transmittal, delivery proof, clerk acknowledgment, and any docket link together.
- Escalate competing instruments, copies without originals, loose pages, alterations, damage, electronic wills, or unclear custody immediately.
- Do not treat a scan, a filed image, or a copy received by email as the original instrument.
Build the opening file from verified fact tables
Section 733.202 permits an interested person to petition for administration, but it does not answer the case-specific questions needed to prepare a petition. Build source-linked tables for decedent identity, death information, domicile and venue indicators, instruments, family and interested-person candidates, the proposed personal representative, property and obligation indicators, prior proceedings, and unresolved conflicts. Use exact source wording and identify unknowns instead of filling gaps by assumption.
Populate only the lawyer-approved petition and supporting set. Check the current Probate Rules, general-practice rules, local division or clerk instructions, filing channel, fee source, confidentiality requirements, oath and resident-agent materials, bond direction, consents or renunciations, proposed-order format, and original-will handling. Preserve the exact filed set and every receipt, rejection, deficiency, correction, and docket event.
- Do not label people heirs, beneficiaries, devisees, or interested persons without the lawyer’s reviewed decision.
- Do not classify property as probate, nonprobate, homestead, exempt, or protected from creditors without direction.
- Keep confidential identifiers and financial records out of public filings except as current rules and lawyer instructions require.
Verify issued authority before acting for the estate
A proposed order or proposed letters is not issued authority. The Florida Bar’s probate overview explains that the judge appoints the personal representative and that Letters of Administration evidence the personal representative’s authority. After filing, compare the signed order and issued letters with the petition, docket, and approved next-step plan, including issue date, certification, restrictions, bond conditions, and any judicial directions.
Do not represent that a proposed personal representative has been appointed, open or transfer assets on the estate’s behalf, sign notices as the fiduciary, or release an authority-dependent task merely because the opening package was submitted or accepted by the clerk. Route mismatches, missing authority, limited letters, changed bond terms, or an unexpected order to the responsible lawyer.
- Distinguish submitted, accepted, docketed, signed, issued, certified, served, and completed statuses.
- Save the court-issued document, not only the uploaded proposed version.
- Record which later tasks require the lawyer’s confirmation of current authority.
Keep the two probate notice tracks separate
The Notice of Administration and Notice to Creditors have different purposes, content, recipient analyses, methods, proof, and legal consequences. Section 733.212 addresses the Notice of Administration and identifies information and warnings it must contain. Section 733.2121 separately addresses publication of the Notice to Creditors, diligent search for reasonably ascertainable creditors, individual service, and specified agency handling. Never reuse one notice’s recipient list or proof as if it completed the other track.
For each notice, create a lawyer-approved control record containing the exact version, source fields, recipients or publication outlet, addresses, method, release authority, transmission or run dates, proof, returns, waivers, corrections, and unresolved exceptions. Staff records source dates and service events; the lawyer decides who must receive notice, whether a waiver is usable, whether service is sufficient, and which response or claim periods apply.
- Compare the released notice character by character with the approved version before service or publication.
- Preserve affidavits, returns, acknowledgments, delivery evidence, undeliverable items, and corrected attempts.
- Do not calculate a legal deadline from a planned, requested, or assumed service or publication date.
Build the inventory from source-linked asset and valuation decisions
Section 733.604 addresses a verified inventory of estate property, reasonable detail, estimated fair market value at the date of death, confidentiality, later corrections, and specified beneficiary information. Build an internal asset-candidate register before populating the filing copy. Give each candidate a stable identifier and link its exact source description, displayed title or owner, institution or location, protected identifier, ownership indicators, valuation source and date, liens or debts, conflicts, and review status.
Do not convert a deed, statement, beneficiary designation, possession fact, tax value, current balance, purchase price, insured value, or payoff amount into an estate-property classification or inventory value without the lawyer’s approved decision and required valuation support. The lawyer controls probate or nonprobate treatment, ownership interest, protected homestead, exempt property, inclusion or omission, valuation standard, filing, service, amendment, and any disclosure response.
Keep the confidential filing version separate from the broader internal source manifest and working tables. Reconcile the verified inventory, filing receipt, docket and confidentiality indicator, directed service, beneficiary-rights notice, valuation explanations or appraisals, and every amended or supplementary version without overwriting the earlier record.
- Preserve source facts, lawyer classification decisions, valuation evidence, and filing fields as separate layers.
- Use the date-of-death value approved for the inventory; do not silently substitute a value from another date or purpose.
- Reopen the asset row when new property or an erroneous or misleading description or value is discovered.
Document the creditor search, publication, and individual service
Section 733.2121 requires publication and a diligent search for reasonably ascertainable creditors, while stating that impracticable and extended searches are not required. Staff should not invent the legal scope of that search. Use the lawyer’s written search plan to build a creditor-candidate matrix from directed sources such as mail, statements, tax material, medical and property records, litigation, judgments, liens, contracts, communications, and estate records.
Keep candidate discovery separate from the legal decision that someone is a creditor or requires notice. Record each source-displayed name, address, account or reference, observed relationship, source citation, duplicate link, verification status, and conflict. Reconcile the lawyer-approved publication instruction or plan, exact notice, newspaper or outlet, run dates, proof of publication, each directed individual service, and any AHCA or agency branch before marking the notice phase complete.
- An account statement or invoice is a search lead, not proof that a claim is valid, payable, timely, or correctly classified.
- Keep publication proof and individual-service proof at the recipient or event level.
- Escalate new creditors, stale addresses, returned service, publication errors, and proof gaps without silently changing the approved plan.
Maintain an event-based creditor-claim ledger
Sections 733.702 and 733.705 contain different rules governing claim presentation, objections, litigation, and payment, while § 733.710 supplies a separate limitation on claims against estates. Keep the § 733.702 presentation analysis distinct from the § 733.710 bar and route both to the responsible lawyer rather than calculating or labeling a case deadline. A reliable ledger preserves source events rather than reducing a claim to one editable status. Give each claim family a stable identifier and link the original claim, amendments, attachments, objections, service proof, independent actions, orders, settlements, withdrawals, releases, satisfactions, payments, and docket events without overwriting earlier versions.
Capture each amount exactly as labeled in its source and separate claimed amount, amended amount, disputed amount, allowed amount, settlement amount, paid amount, and remaining balance. The responsible lawyer decides timeliness, validity, enforceability, priority or class, secured status, objection, extension, litigation, compromise, reserve, payment, and disposition. Staff should not derive those labels from dates, docket presence, silence, or an account balance.
- Link every ledger fact to the exact filed document, docket event, order, payment record, or approved communication.
- Record notice, filing, amendment, objection, service, action, order, payment, and closure dates as distinct source facts.
- Use a separate lawyer-decision table for legal status, operative dates, authority, decision date, and approver.
Close each phase with evidence and a named next owner
A phase is complete only when its required source set, approval, action evidence, reconciliation, and exceptions are visible. The file should let a second reviewer determine which version was used, what the court or recipient did, what remains unresolved, who owns the next action, and which dates or assumptions must be refreshed before reliance.
Probate records combine public filings with sensitive family, health, financial, tax, and identity information. Store originals and working material in approved locations, restrict access, use the minimum necessary personal data, and preserve confidentiality filings or redactions. A public docket entry is not permission to redistribute every underlying fact.
- Reconcile physical custody, the document repository, docket, notice tracker, claim ledger, calendar, and handoff record.
- Carry forward every open conflict, rejected filing, missing proof, returned notice, disputed claim, and lawyer decision still required.
- Assign the next action and verification date instead of using a generic complete label.
Florida probate administration workflow checklist
Use this as a conversation starter with the person responsible for the work. Replace general language with the firm’s actual systems, owners, and procedures.
- The lawyer-selected procedure, county under review, scope, responsible lawyer, staff owner, and current phase are documented.
- Current Florida statutes, Probate Rules, general-practice rules, clerk or division instructions, fee source, and approved forms were checked.
- Every possible original will, codicil, separate writing, envelope, and related item is preserved with item-level custody and deposit evidence.
- Decedent, death, venue, instrument, family, interested-person, fiduciary, property, obligation, and prior-proceeding facts are source-linked and conflicts remain visible.
- Procedure, venue, heir or beneficiary status, fiduciary qualification, property classification, and instrument effect remain lawyer decisions.
- The exact opening set passed reviewer and lawyer approval, and every submission, receipt, rejection, deficiency, correction, and docket event is preserved.
- The signed order and issued Letters of Administration were verified before any authority-dependent action was released.
- The confidential inventory is built from a source-linked asset register, written classification decisions, approved date-of-death valuation evidence, and preserved amendment history.
- Notice of Administration and Notice to Creditors have separate approved versions, recipient or publication controls, service events, proof, and exceptions.
- The creditor search follows a documented lawyer-approved plan, and candidate evidence is not treated as proof of a valid or payable claim.
- Every claim family preserves original and amended versions, exact amount meanings, objections, service, actions, orders, payments, and disposition evidence.
- Legal deadlines, recipient obligations, service sufficiency, claim status, objections, priority, payment, and closure remain lawyer-controlled decisions.
- Physical custody, protected files, docket, notices, claim ledger, calendar, and handoffs are reconciled at each phase gate.
- Every unresolved exception has a named owner, escalation path, and refresh or follow-up date.
Official references
These primary sources support the general operational controls discussed above. Check their current versions and follow the governing court, judge, clerk, software, and firm procedures for the actual work.
- Florida Statutes § 732.901 — Production of Wills
Florida Senate
- Florida Statutes § 733.202 — Petition
Florida Senate
- Florida Statutes § 733.101 — Venue of Probate Proceedings
Florida Senate
- Florida Statutes § 733.301 — Preference in Appointment of Personal Representative
Florida Senate
- Florida Statutes § 733.303 — Persons Not Qualified
Florida Senate
- Florida Statutes § 733.304 — Nonresidents
Florida Senate
- Florida Statutes § 733.604 — Inventories and Accountings; Public Records Exemptions
Florida Senate
- Florida Statutes § 732.402 — Exempt Property
Florida Senate
- Florida Statutes § 733.212 — Notice of Administration; Filing of Objections
Florida Senate
- Florida Statutes § 733.2121 — Notice to Creditors; Filing of Claims
Florida Senate
- Florida Statutes § 733.2123 — Adjudication Before Issuance of Letters
Florida Senate
- Florida Statutes § 733.702 — Limitations on Presentation of Claims
Florida Senate
- Florida Statutes § 733.705 — Payment of and Objection to Claims
Florida Senate
- Florida Statutes § 733.707 — Order of Payment of Expenses and Obligations
Florida Senate
- Florida Statutes § 733.710 — Limitations on Claims Against Estates
Florida Senate
- Florida Statutes § 50.011 — Publication of Legal Notices
Florida Senate
- Florida Statutes § 50.031 — Newspapers in Which Legal Notices and Process May Be Published
Florida Senate
- Florida Statutes § 50.041 — Proof of Publication; Uniform Affidavits Required
Florida Senate
- Florida Statutes § 50.051 — Proof of Publication; Form of Uniform Affidavit
Florida Senate
- Florida Probate Rules — October 1, 2026 Compilation
The Florida Bar
- Probate in Florida
The Florida Bar
- Medicaid Estate Recovery
Florida Agency for Health Care Administration
- Florida Courts E-Filing Portal
Florida Courts E-Filing Authority
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