Do You Have to Open Probate When Someone Dies?
Not always. Probate is only required when the deceased person owned assets solely in their own name without a beneficiary designation, joint owner, or trust. Common assets that do not require probate include:
- Assets held in a revocable living trust
- Jointly owned property with right of survivorship
- Life insurance and retirement accounts with named beneficiaries
- Bank accounts with payable-on-death (POD) designations
If the deceased person's assets are all structured to bypass probate, no court proceeding may be necessary. Learn more: Do All Estates Go Through Probate?
Step 1: Locate the Will
The first step is finding the deceased person's original will. Check their personal files, home safe, safety deposit box, and with their attorney. Florida law requires the original will to be deposited with the clerk of court within 10 days of the testator's death.
If no will can be found, the estate is considered "intestate" and will be distributed according to Florida's intestacy laws.
Step 2: Gather Financial Documents
Before contacting an attorney, gather as much information as possible about the deceased person's assets and debts:
- Bank and investment account statements
- Real property deeds
- Vehicle titles
- Life insurance policies
- Retirement account statements (401k, IRA)
- Recent tax returns
- Outstanding loan or mortgage documents
- Credit card statements
Step 3: Contact a Probate Attorney
A probate attorney can review the deceased person's assets and determine whether probate is necessary, and if so, which type of administration applies. In Florida, the personal representative of a formal administration is required by law to be represented by an attorney unless they are the sole beneficiary.
Step 4: File the Petition
Your attorney files a Petition for Administration with the circuit court in the county where the deceased person lived. The petition includes:
- The original will (if one exists)
- A death certificate
- The proposed personal representative's information
- A list of known beneficiaries and their addresses
For Manatee County residents, this is filed with the Manatee County Clerk of Court. For Sarasota County, with the Sarasota County Clerk.
Step 5: The Court Appoints a Personal Representative
The court reviews the petition and appoints a personal representative to manage the estate. This person receives Letters of Administration, giving them legal authority to access accounts, manage property, and act on behalf of the estate.
What Happens Next
Once the personal representative is appointed, the probate process continues with inventorying assets, publishing a Notice to Creditors (triggering a mandatory 3-month claim period), paying debts and taxes, and distributing remaining assets to beneficiaries.
For the full step-by-step process: Florida Probate Checklist.
Summary Administration vs. Formal Administration
If the estate qualifies (valued at $75,000 or less, excluding homestead), summary administration is a faster, simpler process that can be completed in 1 to 3 months. Most larger estates require formal administration, which typically takes 6 to 12 months. See: How Long Does Probate Take?
If a loved one has recently passed away and you need guidance on next steps, contact our probate team or call (941) 778-7721. We handle estates across Sarasota, Manatee, and surrounding counties.