What is Probate?
Probate is the legal process of settling an estate after someone passes away. It involves validating wills, distributing assets, and paying debts. Explore state-specific templates for your needs.
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Florida Probate
Probate in Florida involves managing a deceased person's estate. Our attorney-drafted templates are quick and straightforward.
Common Florida Probate documents
- Will — outlines how a person wants their assets distributed.
- Petition for Probate — requests the court to validate a will.
- Letters Testamentary — authorizes an executor to manage the estate.
- Inventory and Appraisement — lists the deceased's assets and their values.
- Final Accounting — details the estate's financial transactions before closure.
- Notice of Probate — informs interested parties about the probate proceedings.
Probate forms by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Wisconsin
- West Virginia
- Wyoming
Popular forms
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Summary Administration Package - Small Estates - Under $75,000Get a streamlined process for settling small estates valued under $75,000 in Florida, avoiding lengthy probate procedures.
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Heirship Affidavit - Affidavit of Heirs - DescentUse this affidavit to declare heirs of a deceased person, helping to clarify the distribution of their estate.
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Disposition Without Administration - Small Estates - Personal OnlyUtilize this to handle small estates with minimal assets, ensuring a quick resolution of funeral and medical expenses without the need for formal administration.
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Demand to Produce Copy of Will from Heir to Executor or Person in Possession of WillRequest a copy of a deceased person's Will to understand estate proceedings and your rights.
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Physicians ReportThis document is crucial for health professionals providing detailed assessments of patients' medical conditions.
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Notice to Beneficiaries of being Named in WillNotifying individuals named in a will about their status as beneficiaries is essential for legal transparency and inheritance processes.
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Formal Administration Checklist For Opening EstateUse this checklist to ensure you have all necessary documents when starting a formal estate administration process.
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Petition To Establish Lost Or Destroyed WillUse this form to claim the validity of a lost or destroyed will, ensuring that your loved one's intentions are honored.
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Statement of Claim (Probate)Used to assert a claim against an estate in probate, this document helps protect your financial interests.
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Petition For Disposition of Personal Property Without Admininistration (Packet)Submit this to handle the distribution of an estate's personal property without full probate, ideal for small estates.
Find a form
Similar documents: key differences
- Will vs. Trust — a will distributes assets after death, while a trust can manage them during life.
- Executor vs. Administrator — an executor is appointed by a will, while an administrator is assigned by the court.
- Letters Testamentary vs. Letters of Administration — testamentary letters are issued with a will; administration letters are for intestate estates.
- Petition for Probate vs. Petition for Letters of Administration — the former is for estates with a will; the latter is for estates without one.
Key legal points
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Probate is necessary for settling most estates after death.
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Wills can simplify the probate process but are not mandatory.
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Intestate succession laws apply when there is no valid will.
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Probate can be contested, leading to delays.
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Creditors may claim debts from the estate during probate.
How to get started
Begin easily with these steps.
- Find a template or package that fits your situation.
- Review the description, preview, and signing requirements.
- Get full access with a subscription.
- Complete it in the online editor.
- Export or send: download, email, USPS mail, notarize online, or send for e-signature.
FAQs
A trust is not mandatory if you have a will, but it can offer additional benefits.
If you do nothing, state laws will determine how your assets are distributed.
Review your estate plan every few years or after major life changes.
Beneficiary designations generally override wills, so consider them carefully.
Yes, you can appoint different individuals for financial and healthcare decisions.
Glossary
- Probate - The legal process of validating a will and administering an estate.
- Executor - An individual appointed to manage the estate according to the will.
- Administrator - A court-appointed individual who manages an intestate estate.
- Will - A legal document outlining a person's wishes for asset distribution.
- Trust - A legal arrangement to manage assets for beneficiaries.
- Beneficiary - A person designated to receive assets from a will or trust.
- Intestate - A term for when a person dies without a valid will.
- Creditors - Entities owed money by the deceased's estate.
- Inventory - A comprehensive list of the deceased's assets.
- Letters Testamentary - Documents issued by the court to authorize the executor.