1. What is Probate?

2. What is a will? When and where should it be filed?

3. Do you need an attorney to deposit the will with the Clerk?

4. What happens if a person dies and has left no will?

5. How are probate proceedings initiated?

6. Are there different types of proceedings that can be filed depending on the size of the estate?

7. What type of documentation must accompany the form for filing a disposition of personal property without administration?

8. What happens after the petition for disposition of personal property without administration is filed with the Clerk?

9. Is there a requirement that the personal representative be represented by an attorney?

10. Can a person who is not a Florida resident serve as a personal representative?

What is Probate?
Probate refers to the combined result of all the procedural acts necessary to establish the validity of a will. It is a legal process through which the assets of a deceased person are collected and inventoried, distributed to pay creditors' claims against the estate, and, if there are remaining assets, distributed to the heirs or beneficiaries. The Court determines the validity of the will and oversees the process to ensure that the estate is properly administered.

What is a will? When and where should it be filed?
A will is a document executed by a person which expresses that person's wishes as to how property is to be disposed of after the person's death. A will usually names a personal representative to administer the estate. The custodian of the will must deposit the will in the office of the Clerk of the Circuit Court within 10 days of receiving information that the person is deceased. The custodian should deposit the will with the Clerk of the Circuit Court in the county where the decedent resided. The custodian must supply the person's date of death or the person's social security number to the Clerk upon deposit of the will, if this information is available.

The address for the Probate Division of the Orange County Clerk of the Circuit Court is 425 North Orange Avenue, Room 340, Orlando, Florida 32801.

Do you need an attorney to deposit the will with the Clerk?
No. An attorney is not necessary to deposit the will with the Clerk of the Circuit Court. However, you may want to consult with an attorney before filing so that he or she may determine whether probate proceedings are necessary.

What happens if a person dies and has left no will?
If a person dies interstate (without a will), the person's property will be distributed according to Florida law.

How are probate proceedings initiated?
Probate proceedings are initiated by filing a petition seeking to administer an estate or to admit a will to probate. A filing fee is required and will vary according to the type of administration necessary for the estate.

Are there different types of proceedings that can be filed depending on the size of the estate?
Yes. There are four basic types of proceedings for administering the decedent's estate:

• Formal Administration. This type of proceeding is used when there are considerable assets and it is necessary to appoint a personal representative to act on behalf of the estate. Letters of administration will be issued to the personal representative so that he or she will be able to administer the estate.

• Family Administration. Family administration is normally used when the decedent leaves only personal property, and the value of the gross estate at the date of death is less than $60,000 for federal estate tax purposes. The beneficiaries or heirs must consist of a surviving spouse, lineal descendants, lineal ascendants, or any combination of the aforementioned. Any specific or general devise to someone other than a surviving spouse or lineal descendants or ascendants must constitute a minor part of the decedent's estate.

• Summary Administration. Summary administration may be filed when the value of the entire estate does not exceed $25,000 or when the decedent has been dead for more than two years.

• Disposition of Personal Property Without Administration. This type of proceeding is filed to request release of the decedent's assets to the person who paid for final expenses such as funeral bills or medical bills that accrued in the last 60 days. In this type of proceeding, the decedent's assets are usually no more than $3,000. The form required to file for the disposition is available from the Clerk's Probate Division, located at 425 North Orange Avenue, Room 340, Orlando, Florida 32801.

What type of documentation must accompany the form for filing a disposition of personal property without administration?
The following must be provided along with the petition for disposition of personal property without administration:

• Itemized, paid funeral bill.

• Paid receipts for any medical expenses incurred 60 days prior to death.

• Death certificate.

• Documents verifying the asset to be released.

• If the decedent has a will, it must be filed with the Clerk of the Circuit Court within 10 days of the notice of death.

What happens after the petition for disposition of personal property without administration is filed with the Clerk?
If the court is satisfied that the person is entitled to the decedent's assets, the court will enter an Authorization allowing the release or transfer of the assets. The original Authorization is mailed to the petitioner.

Is there a requirement that the personal representative be represented by an attorney?
According to Rule 5.030 of the Florida Probate Rules, a personal representative must be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person. An "interested person" is any person who may reasonably be expected to be affected by the outcome of the proceeding. A personal representative who is an attorney admitted to practice in Florida may represent himself or herself.

Can a person who is not a Florida resident serve as a personal representative?
A person who is not a Florida resident cannot serve as a personal representative unless he or she qualifies under one of the following exceptions.

• The person is a legally adopted child or adoptive parent of the decedent.

• The person is related by lineal consanguinity to the decedent.

• The person is a spouse, brother, sister, uncle, aunt, nephew, or niece of the decedent; or the person is related by lineal consanguinity to one of these people.

• The person is a spouse of any person listed in numbers 1 through 3 above.

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