Filing Probate Court Documents and Publishing Creditor Notices in Florida

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney for guidance on your specific situation.

Detailed Answer

When a person dies in Florida, the decedent’s estate typically goes through probate—the court-supervised process for distributing assets and paying debts. Two critical early steps are filing the necessary court documents and publishing notices to creditors. Below is an overview of each step under Florida law.

1. Gather Required Documents

Original will and any codicils (if the decedent left a will).
Certified copy of the death certificate.
List of known assets and liabilities.

2. Choose the Appropriate Type of Administration

Florida offers several routes to probate:

Regular Administration (for most estates).
Summary Administration for smaller estates (assets under $75,000) under Fla. Stat. §735.201.
Disposition of Personal Property Without Administration under Fla. Stat. §735.301.

3. File the Petition for Administration

Prepare and file the “Petition for Administration” with the Clerk of the Circuit Court in the decedent’s county of residence. Include:

Original will (if one exists).
List of beneficiaries and heirs.
Estimated value of the estate.
Court filing fee (varies by county).

4. Serve Notice of Administration

Within 5 days of filing the petition, serve a copy of the notice on all beneficiaries and heirs as required by Fla. Stat. §733.212. Then file a “Proof of Service” with the court.

5. Publish Notice to Creditors

Florida law requires notice to unknown creditors by publication. Follow these steps under Fla. Stat. §733.2121 and Fla. Stat. §733.2122:

File a “Notice to Creditors” form with the court within 30 days of petition filing.
Arrange for publication in a newspaper of general circulation in the county once a week for two consecutive weeks.
Obtain an affidavit of publication from the newspaper after the second notice.
File the affidavit of publication with the court to complete the publication requirement.

6. Claims Deadline for Creditors

Creditors must file claims within three months after the date of the first publication, or their claims may be forever barred under Fla. Stat. §733.702.

Helpful Hints

Confirm all deadlines to avoid barred claims.
Choose a reputable newspaper for publication.
Keep proof of mailing to beneficiaries and creditors.
Track all filings and fees paid.
Consider professional help for complex estates.