How do I submit a will to probate court in Florida, and does it matter if the property is located in a different state?
May 21, 2025
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In Florida, a will is probated where the person lived, and that court will handle any properties, even outside of the state (FL Stat § 733.101(1)).
To submit a will to probate in Florida, follow these steps:
- Locate the Original Will: Ensure you have the original signed will. Copies may be accepted in some jurisdictions if the original is lost, but additional legal steps will be required (FL Stat § 733.207).
- File the Will with the Probate Court: Submit the original will to the probate court in the county where the deceased resided. This typically involves:
- Filing a petition for probate.
- Providing a certified death certificate.
- Paying a filing fee.
- Meet Deadlines: The custodian of the will must deposit it with the Clerk of the Court within 10 days of receiving information of the testator’s death (FL Stat § 732.901(1)).
- Executor's Responsibilities: The executor, named in the will, will manage the estate, including notifying creditors, settling debts, and distributing assets.
- Court Proceedings: The probate court will validate the will and oversee the estate administration.
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How do I submit the will to probate court?
I’ll see if GurneyP is available to help. Before I go, are there any other details you’d like me to pass on?
No, that is it.
Hello again! How can I help?
How or where do I submit the Will to probate? I live in Florida and the property is in Maine.
In Florida, a will is probated where the person lived, and that court will handle any properties, even outside of the state (FL Stat § 733.101(1)).
To submit a will to probate in Florida, follow these steps:
- Locate the Original Will: Ensure you have the original signed will. Copies may be accepted in some jurisdictions if the original is lost, but additional legal steps will be required (FL Stat § 733.207).
- File the Will with the Probate Court: Submit the original will to the probate court in the county where the deceased resided. This typically involves:
- Filing a petition for probate.
- Providing a certified death certificate.
- Paying a filing fee.
- Meet Deadlines: The custodian of the will must deposit it with the Clerk of the Court within 10 days of receiving information of the testator’s death (FL Stat § 732.901(1)).
- Executor's Responsibilities: The executor, named in the will, will manage the estate, including notifying creditors, settling debts, and distributing assets.
- Court Proceedings: The probate court will validate the will and oversee the estate administration.
If you have any specific questions about the process or need assistance, feel free to ask! I'm here for you.
So it doesn’t matter that the property is in Maine and we’re filing probate in Florida?
Right, it's all about where she lived. Some people have properties all over, and it would be quite the nightmare to have to probate their will in every state where their property is located.
Ok. Thank you.
Sure thing! I’m glad that helps. Did you have more questions about this? I'll be happy to help more.
No thank you.
Anytime! I'm glad I could answer all your questions for now, and thank you too for letting me answer your questions today. And if more questions come up later, I’m always available for you in a new chat.
