Detailed Answer
Disclaimer: This is educational information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Florida attorney.
When a person dies without a will (intestate) in Florida, the court appoints a personal representative (commonly called an administrator for an intestate estate) to collect assets, pay debts, and distribute property according to Florida’s intestacy rules. The law governing estate administration is found in the Florida Statutes, primarily Chapters 732 (intestate succession), 733 (administration of estates), and 735 (summary administration and disposition without administration). See: Florida Statutes, Chapter 732, Chapter 733, and Chapter 735.
Below is a clear, step-by-step explanation of how someone usually applies to be appointed as the personal representative for a decedent who died intestate in Florida.
- Confirm jurisdiction and whether probate is needed. If the decedent was domiciled in Florida when they died, you generally must open formal administration in the circuit court of the county where they lived. If the decedent was domiciled in another state but owned real property or certain assets in Florida, an ancillary administration may be required in Florida for those assets. See Chapters 732 and 733 for jurisdiction and probate rules: Chapter 733.
- Decide between formal administration and summary/dispensation procedures. Florida provides several procedures:
- Formal administration (Chapter 733). Use this when the estate is larger, complex, or there are contested issues.
- Summary administration or disposition without administration (Chapter 735). Summary administration is typically available when the decedent has been dead more than 2 years or the estate’s nonexempt assets subject to administration are below the statutory threshold. This is faster and less expensive. See Chapter 735.
- Determine who has priority to be appointed. Florida law gives priority to certain persons when appointing a personal representative. Surviving spouse usually has priority; if none, then other heirs such as adult children, parents, or other next of kin. If multiple people have equal priority, the court decides. See Florida’s intestacy rules for how heirs are identified: Chapter 732.
- Prepare the required documents. Typical documents to file with the circuit court clerk include (local forms vary by county):
- Petition for administration (petition to appoint personal representative)
- Certified copy of the death certificate
- Names and addresses of heirs and known creditors
- An inventory or summary of known assets (real property, bank accounts, vehicles, personal property)
- Consent to serve (if available) and any required waivers
- Bond information (if a bond is required)
Contact the circuit court clerk in the county where you will file to get the exact county forms and filing requirements (many clerks post probate forms and filing checklists online).
- File the petition with the circuit court clerk. File your petition in the probate division of the circuit court for the county with jurisdiction. Pay the filing fee and provide the required documents. The clerk will give you a case number and instructions for next steps, including notices the court requires.
- Notice and publication. The court will require that certain notices be given to heirs and creditors. Some counties also require publication of notice to creditors or interested parties. This gives creditors a chance to file claims against the estate.
- Court hearing or ex parte appointment. In many uncontested intestate appointments, the court can appoint a personal representative without a formal hearing if the paperwork is in order. If there are disputes or complications, the court will schedule a hearing.
Once appointed, the court issues Letters of Administration (often called Letters of Personal Representative). Those letters give legal authority to collect assets, manage estate business, and distribute property under the court’s supervision (if formal administration). - Bond requirement. Unless the court waives the bond or heirs agree to a waiver, the court may require the personal representative to post a fiduciary bond to protect estate assets. Whether a bond is required and the amount depend on the value of estate assets and any statutory or court rules.
- Administer the estate. As personal representative you will gather assets, open an estate bank account, notify and pay creditors, file required tax returns, and distribute assets to heirs under Florida law. You will also file required reports with the court and obtain discharge when the administration is complete. The specific duties and deadlines are in Chapter 733.
Hypothetical example: If your mother died domiciled in Florida and left no will, you (the surviving child) can prepare and file a petition for administration in the circuit court of her county of residence. If her nonexempt assets are small and she has been deceased more than two years, you may instead qualify for summary administration under Chapter 735, which is quicker and may not require full formal administration.
If your mother actually died in another state (for example, North Carolina) but she owned a house or bank accounts in Florida, you might need to open ancillary administration in Florida only for the Florida assets. In that scenario you would consult the probate court in the Florida county where the property lies and follow local ancillary administration rules.
Where to find forms and local rules:
- Florida Statutes, Chapters 732–735: Chapter 732, Chapter 733, Chapter 735.
- Florida Courts – Probate and estate resources (general guidance and links to local clerk offices): www.flcourts.org. Contact your county circuit court clerk’s probate division for local forms and filing procedures.
When to hire an attorney
Consider hiring a probate attorney if any of the following apply: real property is involved, assets are substantial, there are creditors or tax issues, family disputes exist, or the estate involves businesses, trusts, or out-of-state property. A lawyer can prepare the petition, advise about bond and notice requirements, and represent you in court.
Helpful Hints
- Confirm the decedent’s domicile—probate is usually opened where the decedent was domiciled.
- Ask the circuit court clerk for county-specific probate checklists and forms before you file.
- Gather a certified copy of the death certificate early; courts require it for filings.
- Prepare a simple asset list: bank accounts, real estate, vehicles, life insurance, retirement accounts, and personal property.
- Check whether summary administration or disposition without administration applies (often quicker and less expensive). See Chapter 735: Florida Statutes, Chapter 735.
- Notify close relatives and known creditors promptly to reduce disputes and claims.
- Keep careful records and use an estate bank account for estate funds—don’t mix personal and estate money.
- If multiple people want to serve and cannot agree, the court will decide who should be appointed—be prepared for a hearing.
- If the decedent owned property in Florida but was domiciled elsewhere, ask about ancillary administration for those Florida assets.
- When in doubt, consult a licensed probate attorney in Florida—many offer an initial consultation to explain next steps and likely costs.
Final reminder: This article explains general Florida procedures for administering an intestate estate. It is not legal advice and does not substitute for consulting a licensed attorney about the facts of your case.