Probate

Please understand that a will cannot be accepted for deposit with the court before the death of the person who makes out the will.

Within ten days after death, the will should be deposited with the Clerk of Court in the county where the decedent was living on the day she or he died.

In these cases, the assets of the estate will be distributed according to Florida law.

A statement of claim does not have to be filed on any particular form, but it must include all of the following:

• The standard header with the Probate file number and the name of the decedent
• The basis for the claim
• The name and address of the claimant
• The amount of the claim
• The original signature of the claimant or the representative of the claimant

Please note that if you submit the claim by hand-delivery or mail, you’ll need to include the original and one copy. Statements of claim may also be e-filed.

Any creditor or interested party of an estate may file a Caveat, in accordance with Florida Statute 731.110. This document assures that if a Probate administration has been filed or is ever filed over the decedent, the Caveator will be notified by the Clerk of Court.

No, we can’t, and we apologize for any inconvenience this may cause. Due to the high volume of requests for searches, we cannot do searches over the phone. But there are two ways to find out if a Probate case has been opened on someone:

• Visit the Probate Department in person to conduct a search on our computer system or in the archive books, located in official records, for cases opened before 1977.
• Send in a written request. Please be sure to provide the decedent's full name and date of death, along with a self-addressed, stamped envelope and a payment of $2.00 per name for the search fee (please note that we can accept only business checks, cashier’s checks or money orders).

You can start a procedure called a Disposition of Personal Property without Administration if the following conditions are met: the estate in question consists only of cash assets, a vehicle or other personal assets with a total value of $6,000.00 or less, and you paid the funeral expenses for your relative. This procedure may only be done in the county of the decedent’s permanent residence as of the date of death. The filing fee is $231.00, payable in cash, cashier’s check, or money order.

Please note that the following documents must be provided:

• A paid funeral receipt showing who paid for the funeral or, if the funeral has not been paid for, the most current funeral bill
• Paid receipts for any medical expenses incurred 60 days prior to death
• A certified death certificate
• Documents verifying the asset to be released, for example bank statements, stock certificate, check made payable to the decedent or blue-book value and current registration of a vehicle
• The decedent’s original will, if you have it

According to Florida Statutes, the decedent’s personal-use vehicle(s) may be transferred by this procedure only to the surviving spouse, or if there is no surviving spouse, to the children of the decedent.

If the court decides that you are entitled to the decedent’s assets, it will enter an order authorizing the release or transfer of the assets. A certified copy of the order will be mailed to you for submission to anyone who holds the assets. If all funeral costs have not been paid, the court will direct that cash assets be released directly to the funeral home toward payment of the remaining balance.

If you cannot afford to pay the filing fee, payment can be arranged to be taken from cash assets of the decedent.

A plenary guardian is someone who has been appointed by the court to exercise all delegable legal rights and powers of the ward. The appointment is made after a finding that the ward is unable to perform all of the tasks necessary to care for his or her own person or property.

A limited guardian is someone who has been appointed by the court to exercise the legal rights and powers specifically designated in the court’s order. This order is entered after the court has found that the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her own person or property. A court may also enter this order after a person has voluntarily petitioned for appointment of a limited guardian.

An incapacitated person is someone who has been judicially determined to lack the ability to manage at least some of his or her property or who cannot provide for his or her own health and safety.

If you’re concerned about becoming incapacitated, you can ask for a guardian to be appointed for yourself or for your children. The document that identifies the guardian is called a Declaration of Preneed Guardian. It should be properly signed and notarized and filed with the Probate Department. The document doesn’t have to be recorded, and there is no fee for filing it. But if you want it to be recorded, you’ll need to bring it to the Recording Department, pay the applicable recording fees and then file it with the Probate Department.

Unless waived by a court order, all guardians are required to attend guardianship training. In Duval County, the training is provided by Aging True, formerly known as the Cathedral Foundation, located at 4250 Lakeside Drive, Suite 116, Jacksonville, FL 32210. They may be reached at (904) 807-1203.

The guardian of a person is required to file an initial plan within 60 days after letters of guardianship are granted by the court. Unless waived by a court order, annual plans must be filed within 90 days of each anniversary date of granting of the letters of guardianship.

The guardian of the property must file an inventory of the ward’s assets as of the date of appointment within 60 days after letters of guardianship are granted by the court. Unless waived by a court order, annual accountings must be filed within 90 days of each anniversary date of granting of the letters of guardianship.

An audit fee of $85.00 is required for the initial inventory if the ward’s assets exceed $25,000. Audit fees for annual accountings vary based on the ending balance of each accounting:

• $25,000 or less: $20.00
• $25,001 to $100,000: $85.00
• $100,001 to $500,000: $170.00
• $500,001 or more: $250.00