Florida Probate Forms

Any pleading, petition, motion, order, etc., that is used in probate proceedings; which should be approved by the probate court and the Probate and Trust Law Section of the Florida Bar, who is in charge of approving all forms. Forms result in making the Court's job easier, because then they are familiar with the information being presented, and also helps with consistency from attorney to attorney. Forms will be supplied by an attorney licensed to practice law in the State of Florida. There are many forms involved in the probate process. One of the most important forms you will be receiving is titled "Letters of Administration', you receive this in the beginning of the probate process once it has been established that the decedent has died while domiciled in the State of Florida, whether there is a will being probated or if, in fact, there is no will and the estate will have to be probated without a will with the laws of intestacy determining who will get the decedent's assets. Before Letters of Administration being issued, a personal representative must prove hey are the appropriate person to be in charge of probating the estate. They must be appointed under the decedent's will and qualify under Florida probate law or they must qualify under the Florida probate code as the appropriate person if there is no will. Once these barriers have been crossed, the Letters can be issued and I liken them to a "Driver's License". You are now set to begin the probate process.

One of the next forms of great importance is the verified Inventory where the personal representative has shown his Letters and found out what assets the decedent owned (usually certified copies of the Letters are required for each account or institution). There are innumerable assets a decedent can own such as a checking accounts, real estate, savings accounts, stocks, bonds, certificates of deposit, cars, boats, jewelry, antiques, life insurance policies, even a wrongful death claim. All of these assets have to be calculated and valued and placed in the verified Inventory by the personal representative. Certain people are required by law to receive a copy of the Inventory. It is very important in this area that you have the assistance of a Florida probate attorney because you will have to determine which asset is probatable and which asset passes outside of probate. This is extremely important that this probate form be accurate. After a personal representative has decided what assets the decedent had and if they are required to go through probate or if they pass outside of probate (such as a life insurance policy with a named beneficiary) then next the personal representative has to determine if there are any valid claims (debts) against the estate. Florida statute Section 733.2121 of the Florida Probate Code tells you about the Notice to Creditors which must be published. It states:

733.2121 Notice to creditors; filing of claims

1. Unless creditors' claims are otherwise barred by s.733.710, the personal representative shall promptly publish a notice to creditors. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative's attorney, and the date of the first publication. The notice shall state that creditors must file claims against the estate with the court during the time periods set forth in s.733.702, or be forever barred.
2. Publication shall be once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered or, if there is no newspaper published in the county, in a newspaper of general circulation in that county.
• The personal representative shall promptly make a diligent search to determine the names and addressed of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors. Impracticable and extended searches are not required. Service is not required on any creditor who has filed a claim as provided in this part, whose claim has been paid in full, or whose claim is listed in a personal representative's timely filed proof of claim.
• The personal representative is not individually liable to any person for giving notice under this section, even if it is later determined that notice was not required. The service of notice o creditors in accordance with this section shall not be construed as admitting the validity or enforceability of a claim.
• If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure. Liability, if any, for the failure is on the estate.
• If a decedent at the time of death was 55 years of age or older, the personal representative shall promptly serve a copy of the notice to creditors and provide a copy of the death certificate on the Agency for Health Care Administration within 3 months after the first publication of the notice to creditors, unless the agency has already filed a state of claim in the estate proceedings.
• If the Department of Revenue has not previously been served with a copy of the notice to creditors, then service of the Inventory on the Department of Revenue shall be the equivalent of service of a copy of the notice to creditors.
3. Claims are barred as provided in ss.733.702 and 733.710.

You can see just from this sampling of the Florida probate forms I have explained in some detail just how very complex the probate process can be. While forms may appear easy, at first blush, they are much more complicated than they seem and you should always have the help of a qualified Florida elder law lawyer to help you in these matters.