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Florida Probate Procedures

Florida probate procedures set forth the specific steps to take to initiate and pursue a probate case.

Understanding these probate procedures is crucial to undertaking estate, conservatorship and guardianship cases in the Sunshine State.


Probate Procedures



A petition that is signed under oath in front of a notary public is the initial step in starting any type of Florida probate case.


Notice and Hearing

Providing notice to all interested parties (the heirs named in a will, for example) and a hearing are the next steps in all Florida probate cases.


Appointment of Fiduciary

At the hearing, a court in Florida will appoint the executor of a will, the administrator of an estate or another fiduciary as appropriate.


Oath and Bond

The executor, administrator or other fiduciary must file an oath with the court that she will perform her duties as well as a surety bond.


Court Reports

Pursuant to Florida probate procedures, the person appointed by the court to oversee a particular matter must provide regular reports to the court as ordered by the judge.


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