How to apply for probate appointment and take the oath in Florida: documents you need

This FAQ-style guide explains, in plain language, what documents you typically must file to obtain appointment as a personal representative (probate appointment) and to take the oath in Florida. This is education only and not legal advice.

Detailed Answer — documents required to apply for probate appointment and oath (Florida)

Whether you are named in a will or are an interested person seeking appointment, Florida probate practice generally requires you to file a petition for administration (or other appropriate petition) with the circuit court in the county where the decedent lived. The exact documents depend on whether the decedent left a will and whether you pursue informal or formal administration, but the usual core documents are:

Original will and any codicils (if the decedent left a will). You should file the original will; if you only have a copy, the court will want an explanation and proof if available.
Certified death certificate (official, certified copy). Courts require a certified death certificate to open an estate.
Petition for Administration (or Petition for Formal Administration, or Petition for Summary Administration where allowed). This pleading asks the court to appoint a personal representative and opens the estate. The petition identifies the decedent, heirs, beneficiaries, nominated personal representative, and the type of administration requested.
Oath of Personal Representative (signed and sworn). Florida requires the personal representative to take an oath before performing fiduciary duties. The oath is filed with the court and typically accompanies the acceptance of appointment.
Acceptance of Appointment or written acceptance by the nominated personal representative. Many clerks require a signed acceptance form or statement that the person accepts the appointment and will serve.
Bond or waiver of bond. Florida law allows the court to require a bond from the personal representative to protect estate creditors and beneficiaries. If beneficiaries agree to waive bond (and the court accepts the waiver), file written waivers. See Florida probate bond rules for details.
Notice documents and mailing list. Most appointments require the petitioner to provide a list of interested persons (heirs and devisees) with addresses and to serve or authorize the clerk to serve notice to interested parties. For formal administration, expect to prepare and serve Notice to Creditors and other required notices.
Renunciations or consents (if applicable). If a person entitled to priority appointment declines (renounces) the appointment, file the renunciation so the court can consider the next nominee.
Affidavit of Heirship or Small Estate paperwork (if asking for summary procedures). If the estate qualifies for summary administration or disposition without administration, submit the required affidavit or petition and supporting facts showing eligibility.
Clerk’s local forms, fee payment, and identification. Each county clerk has local probate intake forms, filing fee schedules, and may require ID and contact information for the personal representative. Check the clerk’s website and bring payment for filing fees.

Legal sources and rules: Florida probate statutes and court rules govern who may apply, when administration is required, bond requirements, and other procedures. See Florida Statutes, Chapter 733 (Administration of Estates) for the governing framework: Fla. Stat. Ch. 733. For bond rules see the statute governing fiduciary bond requirements: Fla. Stat. §733.615.

How the process usually works (step-by-step, simple hypothetical)

Hypothetical: Jane Doe, decedent, died leaving a will naming Alice as personal representative and two beneficiaries. Alice wants to be appointed and take the oath.

Alice collects the original will and a certified death certificate.
Alice completes the county clerk’s Petition for Administration (or uses a lawyer) and attaches a list of interested persons and their addresses.
Alice files the petition, pays the filing fee, and files an Acceptance of Appointment and the Oath of Personal Representative.
If required, Alice files a bond or beneficiary waivers of bond. If beneficiaries waive bond in writing, that paperwork goes in the file.
The clerk reviews intake documents. If everything is in order, the clerk issues Letters of Administration or Letters Testamentary and the appointment is effective when the oath is accepted and any bond ordered is filed.

When does the oath happen?

The personal representative’s oath is administered and filed at the time of or shortly after appointment. The oath is a court filing stating the personal representative will faithfully perform duties as required by law. The court or clerk will accept the oath and then the clerk issues the letters that evidence authority to act for the estate.

When you might need additional or different documents

No will: If there is no will, heirs must be identified and an interested person will file a petition for administration for intestate estate; you still need death certificate, petition, oath, and possibly bond.
Small estate or summary administration: If the estate qualifies for summary administration, the paperwork differs; you may use a Petition for Summary Administration and supporting affidavit instead of a full petition.
Missing original will: If the original will cannot be found, you may need an affidavit explaining why and possibly a formal proceeding to admit a copy.

Helpful Hints

Check the local circuit court clerk’s probate page for county-specific intake forms and fee schedules before you go to file.
Obtain multiple certified death certificates up front; various institutions will request originals.
Bring the original will. Clerk and court staff typically will not accept copies in place of the original without explanation.
Prepare a clear list of heirs and beneficiaries (names, addresses, relationships) — the clerk and opposing parties will need it for service.
Ask beneficiaries about waiving bond early; a signed waiver can save the cost and time of obtaining a bond.
Consider informal appointment (if eligible) to speed the process — but get legal advice to confirm eligibility.
If you are unsure which petition to file (formal administration, summary administration, or other), consult a probate attorney — incorrect filings cause delay and extra cost.

Where to look for official rules and forms: Florida statutes governing estate administration are in Chapter 733 (Administration of Estates): Fla. Stat. Ch. 733. For county clerk-specific forms and filing instructions, visit your county circuit court clerk’s website.

Disclaimer: This is general information only and not legal advice. I am not a lawyer. If your situation involves significant assets, disputes, or unusual facts, consult a licensed Florida probate attorney before filing documents.