A probate action is necessary 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. The different case types are listed below and may require you to contact an attorney to discuss your situation and what type of action should be filed, if necessary.
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 .
Estate Case Types
- Production of Wills - F.S. 732.901 The will of the decedent must be deposited by the custodian with the Clerk & Comptroller's Office in the county where the decedent resided within ten days after receiving information of the death of the maker of the will. The custodian must provide the decedent's date of death or social security number to the Clerk& Comptroller when depositing the will. There is no fee to deposit the will with the Clerk & Comptroller's Office.
- Disposition of Personal Property without Administration - F.S. 735.301;Rule 5.420
Disposition of Personal Property without Administration a/k/a Small Estate proceeding may be filed without the assistance of an attorney. The Clerk & Comptroller can assist you with the filing of an Application for Disposition of Personal Property without Administration. To qualify for a small estate the decedent's assets must be in the form of:
- Personal property exempt under the provisions of Florida Statute 732.402
- Personal property exempt from the claims of creditors under the Constitution of Florida
- Nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness
- Formal Administration - F.S. 733 In a Formal Administration the court appoints a personal representative to be in charge of the estate and issues Letters of Administration, giving authority to the personal representative to act.
- Summary Administration - F.S. 735 This type of administration is a probate proceeding when the value of the entire estate, less the value of property exempt from claims does not exceed $75,000 or the decedent has been dead for more than two years and the decent's will, if any, does not direct a formal administration.
- Petition to Admit Foreign Will - F.S. 734 The purpose of this petition is to transfer title of real property in this state of a nonresident by means of filing an authenticated copy of the foreign will, the petition for probate, and the order admitting the will to probate. This petition may only be filed if the decedent has been dead for more than two (2) years.
- Ancillary Administration - F.S. 734 Ancillary Administrations are used when it is necessary to appoint a personal representative to act on behalf of the estate when the decedent is a nonresident because his/her assets are titled in their name alone. The petition must be accompanied by authenticated copies of the probate proceedings from the state the decedent was a resident of or if no estate was required an authenticated copy of the will, or if no will, then the non-resident petition must state that there are no proceedings in another state or country. The authority is given to the personal representative by the Court at the time of the appointment and when Letters of Administration are issued to the representative so that he/she may complete the administration of the estate.
- Caveat - F.S. 731 A caveat may be filed with the Clerk & Comptroller by a creditor or an interested person to prevent either probate of a will or administration of an estate without notice.
- Curatorship - F.S. 733 Curatorships are filed when the Court needs to appoint a Curator and issue Letters of Curatorship to take charge of the estate of a decedent until a Personal Representative is appointed.
View Probate FAQ's
Florida Statutes – Chapters 731 through 739 Wills & Estates: Florida Bar – Rules of Procedure: Sixth Judicial Circuit - Judges Practice Requirements for Probate: Florida Bar – Consumer Information on Probate in Florida: Florida Bar – Lawyer Referral Service: Florida Department of Health Office of Vital Statistics Online Forms:
- Notice of Trust - F.S. 736
A Notice of Trust is filed with the Clerk & Comptroller upon the death of a settlor of a
trust. The notice of trust must contain the settlor's date of death, the name of the
settlor, the title of the trust, if any, the date of the trust, and the name and address
of the trustee.
- Trust - F.S. 736 Trust cases in the Probate Department are usually opened to appoint a Successor Trustee on an existing Trust or to dissolve an existing Trust.
As in all probate proceedings a hearing may be necessary when estate cases are presented to the Court for consideration of all orders. Estate Forms can be found in the Courts Self-Help Center.
Certain documents within estate cases are marked as confidential pursuant to Florida Statutes and Rules of Court.
Pursuant to Court Order dated July 11, 2008 in Pasco Circuit Court Case No: TFB No: 2006-10,411 (6B)(HIO) styled The Florida Bar v. David Edward Olson, the office of the Clerk of Circuit Court was directed to hold certain original wills for safe keeping. Such wills are of individuals believed to be deceased, but the wills are not accompanied by the information required by Florida Statute 732.901(1) for deposit with the Clerk. In order to facilitate public access to this public information, a searchable list of the wills being held by the Clerk appears below. Order to Destroy Files and Authorization to Deposit Original Wills with the Court for Safe Keeping
Probate Filing Fees and Costs
Initial Filing Fees
|Miscellaneous One Document Filing||$231.00|
|Petition to Enter Rooms and Places||$231.00|
|Petition to Admit Foreign Will, Authenticated Copies, Exemplified Copies or Transcript to Record||$231.00|
|Petition to Approve Settlement of Minor's Claim||$231.00|
|Petition to Determine Heirs if Not Formal Administration
(Not to include the issuance of Letters or Order of Summary Administration)
|Petition to Open Safe-Deposit Box|| $231.00|
|Disposition of Personal Property Without Administration, Small Estate||$231.00|
|Notice of Trust||$ 41.00|
|Petition for Curatorship/Conservatorship||$400.00|
|Summary Administration less than $1000||$235.00|
|Summary Administration more than $1000||$345.00|
|Attorney Appearing Pro Hac Vice||$100.00|
|Certifying Copy of Any Instrument in Public Records (per document)||$ 2.00|
|Counter/Cross/3rd Party Complaint/Petition||$395.00|
|Issuing Subpoena (sign and seal only)||$ 2.00|
|Prepare and Issue Subpoena for a Witness (includes signing and sealing)||$ 7.00|
|Issuing Summons (sign and seal only)||$ 10.00|
|Prepare and Issue Summons (includes signing and sealing)
It has been determined that the fee for preparing, signing and sealing a summons will be $17.
This includes the issuing fee of $10 and the preparation fee of $7.
|Oath, Administering, Attesting, and Sealing not Otherwise Provided For||$ 3.50|
|Photocopies of Instruments Not More than 14 Inches by 8.5 Inches (per page)||$ 1.00|
|Photocopies of Instruments More than 14 Inches by 8.5 Inches (per page)||$ 5.00|
|Reopen Fee - Exemptions to Reopen Fee:
|Sealing Any Court File or Expungement of Record||$ 42.00|
|Receiving Money into Registry, First $500.00||3%|
|Each Subsequent $100.00||1.5%|
Department Contact Information
|DADE CITY||NEW PORT RICHEY|
|Paula S. O'Neil
Clerk and Comptroller
38053 Live Oak Avenue
Dade City, FL 33523-3894
(352) 523-2411 Ext. 2216
|Paula S. O'Neil
Clerk and Comptroller
P.O Box 338
New Port Richey, FL 34656-0338
7530 Little Road
New Port Richey, FL 34654
(727) 847-2411 Ext. 2216