Probate

Probate refers to the combined result of all the procedural acts necessary to establish the validity of a will. It is a legal process through which the assets of a deceased person are inventoried, distributed to pay creditors' claims against the estate, and, if there are remaining assets, distributed to the heirs or beneficiaries. The court determines the validity of the will and oversees the probate process.

Probate procedures can be complex; you may want to consider consulting an attorney before proceeding with a filing.

Probate Filing Procedure for Sarasota County

Probate proceedings are initiated when a petition seeking to administer an estate or to admit a will to probate is filed with the Sarasota County Clerk of the Circuit Court.

A filing fee is required. The fee varies according to the type of administration necessary for the estate.

Probate Filing Fee Schedule

Probate Forms for Sarasota County

The venue is the county or state where the decedent resided; if there is no probate proceeding in that county or state, the venue is where the property is located.

Probate forms are available from the Twelfth Circuit Court Forms Library.

Types of Probate Administration

There are three basic types of proceedings for administering the decedent's estate:

Formal Administration
This type of proceeding is used when there are considerable assets, and it is necessary to appoint a personal representative to act on behalf of the estate. Letters of administration will be issued to the personal representative, allowing them to administer the estate.

Formal administration must be filed by an attorney licensed to practice law in Florida unless the personal representative is the sole beneficiary.
Summary Administration
Summary administration may be filed when the entire estate's value does not exceed $75,000 or when the decedent has been deceased for more than 2 years. A copy of the funeral bill is required if the decedent has been deceased for less than two years.

Disposition of Personal Property without Administration
This type of proceeding is filed to request the release of the decedent's assets to the person who paid for final expenses, such as funeral costs or medical bills incurred within the last 60 days.

Disposition of personal property without administration cannot:
- Exceed $6,000.00
- Exceed the amount of the decedent’s funeral bill
- Include real estate
- Transfer loans
- Release assets from a safe deposit box

Filing Disposition of Personal Property w/out Administration

The following must be provided along with the petition for disposition of personal property without administration:

Itemized, paid funeral bill
Paid receipts for any medical expenses incurred 60 days prior to death
Death certificate
Documents verifying the asset to be released
Notarized consents from all persons who paid toward the funeral bill

If the decedent has a will, it must be filed with the Clerk’s Office within 10 days of the notice of death.

If the court determines that the petitioner is entitled to the decedent's assets, it will enter an order authorizing the release or transfer of those assets. The original authorization is mailed to the petitioner.

Legal Representation for Probate

Probate procedures are complex legal matters. You may want to consult an attorney before proceeding. Examples of when an attorney may be required during probate proceedings include: