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Filing for probate ? 10-day deadline This specifies that the individual in possession of the deceased's last will and testament must file for probate within 10 days from the date of death of the deceased in the same county where the deceased died. The size of the estate to be probated does not affect these ten days.

Florida law does not require the person who requests a summary administration of a Florida estate to have a lawyer. The interested person can go down to the courthouse and file the request for the summary administration without any attorney.

How to File for Simplified Probate in Florida Petitioning the court. You must file a document called a Petition for Summary Administration with the court. ... Asking heirs sign the request. The petition must be signed by the surviving spouse and all beneficiaries. ... Notifying potential creditors.

First you'll need to choose a personal representative for the estate and file a petition with the clerk of the Circuit Court in the county where your loved one lived. To serve as the personal representative, you must also file an Application for Administration for an intestate estate.

Titled Assets Will Not Be Transferred If no one takes the necessary steps to probate the decedent's will, then these assets will remain titled in the decedent's name. This can lead to a whole host of problems, from issues with taxes and registration to the inability to sell the assets at a later date.

For formal administration, Florida law typically requires you to hire a probate attorney. However, you generally don't need to hire a probate attorney if the estate is very small or if you plan to file for an alternative version of probate, like summary administration or disposition without administration.