Detailed Answer
This page explains, under Florida law, how you can review and seek correction for missing or incorrect probate filings in your father’s estate. This is a practical, step-by-step guide for someone starting with no legal background. It explains how to access the probate file, what filings to look for, how to fix errors or omissions, and what court remedies may be available. This is educational information only and is not legal advice.
Step 1 — Confirm whether the estate is in probate and get the case number
Start by checking with the clerk of the circuit court in the county where your father lived when he died. Probate is handled in circuit court. Ask the clerk to search for your father’s name and provide the probate case number and all filed documents. Most clerks keep electronic records you can review online or obtain copies in person.
Step 2 — Obtain and review the probate file
Important probate filings include: the petition for administration (or affidavit for summary administration), the will (if any), letters of administration (or letters testamentary), the inventory and appraisement, creditor notices, accountings (final or intermediate), petitions for distribution, and court orders. Review each document and make a list of what appears to be missing, incomplete, or incorrect (for example: missing inventory, missing account, wrong beneficiary information, distributions that don’t match the will or orders).
Step 3 — Learn what Florida law requires
Florida’s probate statutes set duties for the personal representative (executor/administrator) and the court’s powers. Key chapters of the Florida Probate Code include the administration rules and remedies; read the relevant statutes for more detail: Florida Statutes Chapter 733 (administration of estates) and Chapter 735 (summary administration) for small or quick estates. See Chapter 733 of the Florida Statutes: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html and Chapter 735: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html.
Step 4 — Communicate with the personal representative and their attorney
If the filings or accountings look incomplete or wrong, first request the missing documents directly from the personal representative (PR) or the PR’s attorney in writing. Be specific: list the missing documents, explain why something looks incorrect, and request a timeline for correction. Keep copies of all written communications.
Step 5 — If the PR does not correct the problem, ask the court to compel action
If a written request does not resolve the issue, Florida probate procedure allows interested persons to ask the court to require the PR to comply with their duties. Typical court actions include:
- Petition or motion to require the PR to file an inventory or an accounting.
- Motion to strike or correct an erroneous filing, or petition to amend the record.
- Petition to reopen a closed estate if the court closed the estate without proper filings or distribution.
- Petition for surcharge, removal, or other sanctions if the PR breached duties, wasted assets, or acted improperly.
The exact remedy depends on what’s missing or incorrect. Chapter 733 gives the court authority to supervise administration and to impose sanctions or remove a PR when appropriate. See Chapter 733: Florida Statutes Chapter 733.
Step 6 — Prepare the evidence and the petition or motion
When you file with the court, include clear evidence: copies of the probate docket and filings, your written requests to the PR, bank or other records showing disputed disbursements, and an explanation of the legal relief you want (for example, an order requiring an accounting, requiring an amended inventory, reopening the estate, or seeking removal or surcharge). The clerk can tell you filing fees and local forms; many counties have probate forms and instructions on their clerk’s websites.
Step 7 — Attend the hearing and follow court directions
After you file a petition or motion the court will usually set a hearing. Be prepared to summarize the missing or incorrect filings, present documents, and explain what relief you seek. The judge may order the PR to comply, set deadlines for amended filings, order an accounting, or take stronger measures if warranted.
Step 8 — Consider alternatives and practical steps
If the estate is small or summary administration applies, procedures can be quicker. If the cost of court action would exceed the estate benefit, consider negotiation or mediation with other interested persons before filing a court motion. If there are clear violations by the PR (self-dealing, unauthorized distributions), courts can impose surcharge (financial liability), order return of property, or remove the PR.
Typical remedies the court can order
- An order compelling the PR to file an inventory or accounting.
- An order requiring the PR to amend incorrect documents and to republish notices as required.
- Surcharge or monetary liability against the PR for losses caused by misconduct.
- Removal of the PR and appointment of a successor representative.
- Reopening the estate to address omitted assets or correct distributions.
When to hire an attorney
If the issues are technical (complex accountings, allegations of financial misconduct, conflicting will interpretations, or if you seek removal/surcharge), consult a probate attorney. An attorney experienced in Florida probate procedure can prepare petitions, compile supporting evidence, represent you at hearings, and advise about likely outcomes and costs.
Disclaimer: This article is educational and informational only. It is not legal advice, does not create an attorney‑client relationship, and should not be used as a substitute for consulting a licensed Florida attorney about your specific situation.
Helpful Hints
- Get the probate case number from the county clerk before requesting documents — it speeds searches and requests.
- Keep a written paper trail of all communications with the personal representative and their counsel.
- Make a checklist of expected probate filings: petition, will, letters, inventory, notices to creditors, accountings, petitions for distribution, and orders.
- Request certified or official copies of key documents if you need them for court filings.
- Review local clerk resources and forms — many counties post probate forms and fee schedules online.
- If the estate appears to be closed but assets were omitted, ask the clerk whether the case has a final discharge or final judgment; those records influence whether you can reopen the estate.
- Act quickly on creditor or statute-of-limitations issues; missing notices can affect claims against the estate.
- If you cannot afford an attorney, ask the clerk about low-cost or legal-aid resources in your county; some local bar associations maintain referral services.