Legal Question in Wills and Trusts in Florida

Re: Paperwork for Probate

There is no District or Superior Court in the State of Florida. Go to the Circuit Court in the county where the deceased lived to speak to the probate clerk. They have some forms.

Re: Paperwork for Probate

Your attempt to go through the probate process without retaining an attorney may well depend on where in Florida you are required to file your papers and the size of the estate. If this is a summary administration (a small estate), I understand that some counties in Florida will allow you to proceed without an attorney; however, some will still require you retain an attorney. Florida statutes do require that any Personal Representative have legal counsel and so if you are filing a formal administration with the appointment of a PR, I do believe the court will require you have an attorney. That is not to say there is not an attorney out there who will work with you, allow you to do most of the work, charge you hourly and/or discount his/her fees. Many courts have a section of the building where law books are available and I believe there are probate law books for sale in some bookstores. I cannot recommend any one book to you, I do suggest you seek legal counsel, but I wish you good luck.

Re: Paperwork for Probate

Probate matters in the State of Florida are conducted in the Circuit Court of the county in which the deceased was domiciled. If you visit with the clerks in that circuit, they may be able to help you with some forms but probate forms are not readily available.

You best bet would be to go to the law library of the court or a local university and see if there are any probate books available there. Themost common and widely used is called the Rohan/Kelly book and contains sample forms for most types of pleadings. You will have to type these pleadings yourself. Office supply stores do not carry probate forms and they can generally only be purchased in large quantities. Many attorneys simply type the pleadings in their office.

Probate is a complex matter and you would be well advised to retain the services of an attorney who is experienced in probate.

Scott R. Jay, Esq. 305-249-8000