Whenever a deceased person leaves titled assets in his/her name alone, a petition for probate may be filed that allows distribution of the decedent's assets. The Court oversees the estate to make sure debts are paid and proper distribution is made. Depending on your case type, you may need to contact an attorney to discuss your situation and what type of action should be filed, if necessary.
As in all probate proceedings, a hearing may be required when estate cases are presented to the Court for consideration of all orders.
Every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in the State of Florida, pursuant to Florida Probate Rule 5.030.
Wills may be placed on deposit after a person has died. In the State of Florida, wills are not placed on deposit prior to a person’s death.
Certain documents within estate cases are marked as confidential pursuant to Florida Statutes and Rules of Court. As a result of The Florida Bar v. David Edward Olson (2008), the Office of the Clerk of Circuit Court was directed to hold certain original wills for safekeeping.
Such wills are of individuals believed to be deceased whose wills are not accompanied by the information required by Chapter 732.901(1), Florida Statutes for deposit with the Clerk.
You may access printable Probate and Estate forms from our Probate Forms page. These forms are also available for purchase at both of our Legal Resource Center locations.