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Documents to be filed in a Broward County, Florida Probate

List of Items to give to your probate attorney

Below is a list of documents required by Florida Statutes and rules to open a Broward County probate.  We have included examples of the types of documents needed to open the different types of pobates, including formal administrations, ancillary administrations and summary administrations.   Additionally, below is a list of items and information that should be gathered and given to the probate attorney who will be representing the personal representative.  Those documents are needed in order to prepare the opening documents, including the petition for administration and income and estate tax returns.

 


Florida Will - Florida Resident - Formal Administration

Petition for Administration
Oath of Personal Representative, Designation of Resident Agent, and Acceptance;
Order Admitting Will to Probate and Appointing Personal Representative;
Letters of Administration;
Original Certified Death Certificate;
Original Last Will and Testament
Waiver of Priority, Consent to Appointment of Personal Representative, and Waiver of Notice and Bond;
Notice of Trust (If applicable)


No Florida Will - Florida Resident - Formal Administration
Petition for Administration

Oath of Personal Representative, Designation of Resident Agent, and Acceptance;
Letters of Administration;
Certified Death Certificate;
Order Admitting Will to Probate and Appointing Personal Representative;
Waiver of Priority, Consent to Appointment of Personal Representative, and Waiver of Notice and Bond


Non-Florida Will - Non-Resident - Formal Ancillary Administration

Petition for Administration
Oath of Personal Representative, Designation of Resident Agent, and Acceptance;
Order Admitting Will of Nonresident to Probate and Appointing Personal Representative;
Ancillary Letters of Administration;
Original Certified Death Certificate
Certified Copy of Original Last Will and Testament of the Decedent
Certified Letter of Authority (Entry Appointing Fiduciary) from the Probate Court of Main Probate Proceeding out of state
Waiver of Notice by Domiciliary Personal Representative;


Lost Will - Florida Resident - Formal Administration
Petition for Establishment and Probate of Lost or Destroyed Will and Appointment of Personal Representative;
Oath of Personal Representative and Designation and Acceptance of Resident Agent;
Order Establishing and Probating Lost or Destroyed Will and Appointment of Personal Representative;
Letters of Administration;
Original Death Certificate;
Copy of Last Will and Testament;


Summary Administration - Florida Will - Florida Resident
Petition For Summary Administration
Original Will
Original Death Certificate
Order of Summary Administration

 

Also See:


Asset Information To Give To Your Probate Attorney:

  • Account Statements - including bank, brokerage, and retirement accounts for at least the three months prior to death - also, statements for any online bank accounts
  • Life Insurance Policies - check for beneficiary designations - for life insurance, retirement accounts, annuities and payable on death accounts
  • Deeds for Real Estate and time share ownership interests
  • Reward Memberships - Frequent flyer mileage memberships
  • Automobile, Motorcycle and Boat Titles - the originals will be needed to transfer legal title - boats, airplanes, or other vehicles and, if subject to a lien, the loan number, payment book, and name and address of each lien holder.
  • Stock and Bond Certificates - for stocks or bonds held in certificate form, the original certificate will be needed to transfer legal title - including United States Savings Bonds, mutual fund certificates or statements, and all brokers' account statements for the past 3 years.
  • A list of all tangible personal property. This refers to household goods, jewelry, and personal effects. Anything with a value of $1,000 or more should be itemized with the balance being listed as "other personal effects".
  • Homeowner's, property, fire, jewelry, auto, casualty, liability, umbrella, theft, and other property insurance policies.
  • Corporate, LLC or Partnership Documents - articles of incorpoation or articles of organization; a copy of the shareholder's agreement, operating agreement, or partnership agreement; and original stock or LLC certificates
  • Domain names or email accounts
  • Contracts - including leases, loans, and employment agreements, partnership agreements, buy-sell agreements, stock purchase agreements, stock options, pension agreements, profit sharing plans, annuities, franchise agreements, patents and copyrights.
  • Income Tax Returns - past three years
  • Prenuptial and Post Nuptial Agreements - including all exhibits and any amendments
  • Loans - including personal loans, lines of credit, and mortgages, along with the original promissory notes
  • Leases - including real estate, plane, motorcycle, and automobile leases
  • All Bills - Utility Bills, Cell Phone Bills, Credit Card Bills, Real Estate Tax Bills, Storage Unit Bills, Medical Bills, Funeral Bills
  • Prepaid Funeral Arrangements
  • Safety Deposit Box locations
  • Precious Metal - gold and silver bullion or coins
  • Guns and ammunition
  • Prepaid College Funds
  • Mortgage Statements and Lines of credit information
  • Last Will and Testament and any Codicils - originals
  • Revocable Living Trust and any exhibits and amendments
  • Club, fraternal, and lodge memberships. Indicate whether they are transferable or equity member­ships.
  • Names and addresses of all hospitals in which Decedent was confined in the last three years, and names and addresses of personal physicians and attending physicians attending Decedent for the last illness.

 


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