Florida Probate Process: Essential Checklist for Residents

Comprehensive Estate Information Checklist

As you might expect, you’ll need a great deal of information to begin and complete the probate process in Florida. The following is an information checklist published by the Florida Bar, under "Practice Under Florida Probate Code, section 1.31." This checklist is a useful starting point if you are wondering where to begin with probate.

If you have questions about the probate process, do not hesitate to contact Weaver Loveless Law at (863) 657-0770.

Key Information About the Decedent

• Full name
• Domicile (state and country of residence) and address at time of death
• Date and place of death
• Social security number
• Business or occupation; if retired, former business or occupation
• Business name and address and employer identification number
• Death certificate
• Funeral instructions in will or otherwise
• Marital status of decedent at time of death (married, single, legally separated, widowed, divorced)
• Date of marriage to surviving spouse
• Other problems related to funeral
• Possibly an email address

Understanding the Will

• Whether decedent had a will
• Location of
• Will clause or other writing making donation of body or parts of body or providing for cremation
• Contact information for personal representative named in will
• Whether personal representative can qualify and, if not, alternate personal representative’s contact information and qualifications
• Contact information for witnesses to will

Identifying the Beneficiaries

• Surviving spouse (name, age, address, and social security number)
• Heirs at law or devisees (name, age, relationship, address, and social security numbers)
• Birth dates of minor beneficiaries and contact information for legal guardians

Inventory of Property and Assets

• Real estate in Florida (description, street address, improvements, insurance, mortgages, leases); designate homestead as such
• Real estate not in Florida
• Automobiles (insurance, liens, possession and use; whether specifically devised)
• Other tangible personal property (antiques, artwork, silver, jewelry, furs, furniture, furnishings, fixtures, other items of substantial value)
• Cash and accounts in financial institutions
• Florida Prepaid College Program contracts and Florida College Savings Agreements
• Safe deposit box (location, contents, and access)
• Sole proprietorship
• Partnership interest
• Stock in close or family corporation
• Other securities
• Property passing by right of survivorship
• Death benefits payable under retirement plans
• Transfers made within one year of decedent’s death
• Debts payable to decedent
• Insurance payable to estate
• Insurance owned by decedent, on others
• Cash surrender value of insurance on decedent’s life
• Trusts Powers of appointment
• Annuities Pending litigation
• Causes of action (to consider filing)
• Veterans’ benefits
• Social Security benefits
• Income tax refund

As mentioned above, this list is only a starting place to gather information. The information needed will vary by individual case, and it is important to consult a Lake Wales probate attorney so that no part of the administration is overlooked.

*This checklist taken from the fifth edition of the Florida Bar’s publication entitled, Practice Under Florida Probate Code, section 1.31.