Paralegal Checklist: Opening a Florida Probate File

Collect at intake

• A certified death certificate.
• The original will and any codicils, and details of any trust referred to in the will.
• The decedent's name, date of death, age, marital status and residence as listed on the death certificate. These are the facts circuit checklists commonly ask for up front.
• The type of estate: testate, testate with a trust, intestate or ancillary.
• The surviving spouse, heirs and beneficiaries, with relationships and addresses.
• The proposed personal representative and the information needed to confirm qualification to serve.
• A list of assets, including real property, and known debts.
• Every creditor the family or the papers reveal, so the notice to creditors can be served on them and the diligent search statement can be completed.

Check before the petition goes out

• Whether your circuit requires a checklist with the petition. The Fifth Circuit (Sumter County) and the Eighteenth Circuit publish formal administration checklists, and the Fifteenth Circuit publishes one for ancillary administration.
• That the original will is ready to be deposited with the clerk if it has not been already.
• Whether summary administration might fit, so the attorney can decide the route before documents are prepared.
• For a nonresident decedent with Florida property, whether this is an ancillary administration.

Calendar once Letters issue

• Inventory: due within 60 days after Letters issue.
• Notice of administration: served promptly. The objection, exempt property and elective share dates run from each recipient's date of service, so record each one (see the notice of administration deadlines).
• Notice to creditors: published and served promptly, with proof of publication due within 45 days after first publication and the diligent search statement due within four months after first publication.
• Claims dates: three months after first publication, or 30 days after service on a creditor who had to be served, whichever is later.
• Final accounting and petition for discharge: within 12 months after Letters issue unless extended.

The formal administration checklist explains each of these steps and the rule behind it.

General information for Florida practice staff, reviewed in October 2026 against the rule text linked in the related guides. It is not legal advice. Circuit practices differ, so confirm against your circuit's requirements and the supervising attorney's instructions.

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