Case Types

Production of Wills -- Ch. 732.901, F.S.

The custodian must deposit the decedent's will with the Clerk & Comptroller's Office in the county where the decedent resided within 10 days of 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 -- Ch. 735.301, F.S.; Rule 5.420

Disposition of Personal Property Without Administration Small Estate proceeding may be filed without the assistance of an attorney. The Clerk & Comptroller can assist 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 Chapter 732.402, Florida Statutes.
  • 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 -- Ch. 733, F.S.

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 -- Ch. 735, F.S.

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 decedent's will, if any, does not direct a formal administration.

Petition to Admit Foreign Will -- Ch. 734, F.S.

This petition provides for the transfer of title of real property in this state belonging to a nonresident in this manner: An authenticated copy of the foreign will must be filed along with the petition for probate and the order admitting the will to probate. This petition may be filed only if the decedent has been dead more than two years.

Ancillary Administration -- Ch. 734, F.S.

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 his/her name alone.

The petition must be accompanied by authenticated copies of the probate proceedings from the state in which the decedent was a resident; or, if no estate was required, an authenticated copy of the will; or if no will, the nonresident petition must state 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 he/she may complete administration of the estate.

Caveat -- Ch. 731, F.S.

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 -- Ch. 733, F.S.

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.

Notice of Trust - Ch. 736, F.S.

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 -- Ch. 736, F.S.

Trust cases in the Probate Division usually are opened to appoint a Successor Trustee on an existing trust or to dissolve an existing trust.