Under Florida probate law, an original copy of the decedent's will must be filed with the local circuit court clerk within 10 days of the known death. The first phase of the Florida probate process is opening the estate.This involves hiring the attorney and filing initial documents with the probate court. In a Will, the decedent can name the beneficiaries whom the decedent wants to receive the decedent's probate assets. Here's what that means, and how you can get these letters so you can handle your family member's affairs after their death. As per the Florida Probate law , you must apply for the letter of administration within 10 days of a person's death. Probate proceedings are filed with the clerk of the circuit court, usually in the county in which the decedent lived at the time of his or her death. The first step in the process of obtaining the letters is for the executor to go to court and file the decedent's will and death certificate. To complete these actions, you must show proof that you're authorized to manage the deceased person's affairs and their estate. 3. Open the probate estate.