FAQs • Citrus County Clerk of Courts, FL • CivicEngage

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Courts - Probate

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1. What is probate?: Probate is a legal process through which the assets of a deceased person are distributed to the heirs or beneficiaries. The Court oversees the estate to make sure debts are disposed of and proper distribution is made.

2. What is a will? When and where should it be filed?: A will is a document executed by a person which disposes of his/her property after death. It generally names a personal representative to administer the estate. The custodian of the will must deposit the original will with the Clerk of the Circuit Court, within 10 days after receiving information that the person is deceased. The custodian must supply the person's date of death to the Clerk upon deposit of the will. The date of death is reflected on the death certificate, obituary notice, or a cover letter written by the depositor.

3. Is it necessary for me to have an attorney?: Florida Rules of Probate Procedure 5.030 says, "Required; Exception. Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida. A guardian or personal representative who is an attorney admitted to practice in Florida may represent himself or herself as guardian or personal representative."

4. Are there different types of proceedings that can be filed, depending on the size of the estate?

There are 3 basic types of proceedings for administering the decedent's estate:

Formal Administration Florida Statute 733
- This type of proceeding is used when it is necessary to appoint a personal representative to act on behalf of the estate because there are considerable assets or other special circumstances. The capacity in which the representative will act is determined by the Court at the time of the appointment and letters of administration will be issued to the representative so that he/she may complete the administration of the estate.
Summary Administration Florida Statute 735.210
- Summary administration may be filed when the value of the entire estate does not exceed $75,000
- Copy of paid funeral bill
Disposition of Personal Property Without Administration Florida Statute 735.301
- The disposition is filed to request release of assets of the deceased to the person who paid the final expenses, such as funeral bills or medical bills for the last 60 days. This procedure may be accomplished with the filing of a petition. The form required to file the disposition is available from the Office of the Clerk of Circuit Court. This cannot include real property.
- See Disposition of Personal Property Without Administration

5. What happens if a person dies and has left no will?: The property will be distributed in accordance with Florida law. Please seek an attorney for guidance through the Probate process.

6. What happens if there is a will filed, but no personal representative has been named?: It will be necessary for an attorney to petition the Court to appoint a personal representative to administer the estate.

7. How are probate proceedings initiated?: Probate proceedings are initiated with the filing of a Petition by an interested person asking to be appointed personal representative and/or distribute property depending on size and complexity of property. The Petition is normally prepared by an attorney. The appointed person will be responsible for the estate until all bills are paid and the balance of the estate is distributed to the rightful beneficiaries.

8. What happens after this information is filed with the Clerk?: The Court will enter an Order either allowing or disallowing the release of the assets. The Clerk will send 1 copy of the Order Approving Disposition or Order Denying to the petitioner via US or electronic mail.

9. Can I file a disposition of Personal Property without administration?

Please refer to Florida Statute 735.301 to determine if you are eligible for this type of process. This form may not be used when real property is involved. If you are unsure as to whether this process applies to your situation, you may wish to contact an attorney. The required forms and documentation for a Disposition of Personal Property Without Administration are as follows:

Original Last Will and Testament of the decedent, if one exists
If the decedent does not have a will (intestate) an Affidavit of Heirs must be completed and filed.
Death Certificate
Copy of the statement from funeral home showing by whom the bill was paid
Paid receipts for any medical expenses incurred sixty days prior to death, if the petitioner is the one who paid
Specific information regarding the type of asset to be released and include documentation
Identification of the person filing
Filing fee as set by Florida Statute

The filing fee is due at the time the Petition is filed. There is also a charge for one certified copy of the Order of Disposition of Personal Property without Administration which is generally required by the institution holding the assets.

For more information view the Disposition of Personal Property Without Administration (PDF).

10. I received a Correspondence Letter from the Clerk's Office, now what?: Carefully review the letter to ensure all requested documents are filed in the case. Failure to provide all requested documents will result in delaying the outcome of the case.

11. How Do I Schedule a Hearing with the Judge?

To schedule a hearing with Judge Youmans, please contact her judicial assistant at mmccracken@circuit5.org

To schedule a hearing with Judge Fritton, please contact his judicial assistant at sjones@circuit5.org