Stepping into the role of executor for a Florida estate can feel like being handed a stack of legal requirements with no instruction manual. The little things you overlook today a missing death certificate, the wrong court form, an overlooked creditor notice can stall the probate process by months or even open you up to personal liability. A clear document checklist keeps you from guessing, and more importantly, it gives the court and the heirs confidence that you know what you’re doing.

What documents does a Florida executor need to start probate?

Before you can take any official action, you have to open a probate case in the county where the person died. The core starter package almost always includes the original last will and testament, if one exists, plus a certified copy of the death certificate. The court won’t accept a photocopy of the will unless you can explain under oath why the original is gone. If there’s no will, you’ll need the same death certificate and a petition that spells out who the legal heirs are under the Florida intestacy laws.

You also need to file a petition for administration. The exact form depends on the estate’s value and complexity summary administration for smaller estates, formal administration for larger ones. Alongside that, you’ll submit an oath of personal representative and, unless waived in the will, a bond. Many executors delay gathering these documents because they aren’t sure which county court handles it; the answer is always the county where the deceased lived, not where you live now.

As you gather paperwork, it helps to use a broader executor responsibilities checklist to see how these early filings fit with your other duties, like securing property and notifying beneficiaries.

Where do I find the will and death certificate?

Locating the documents is part of the job. The will might be in a safe deposit box, a home filing cabinet, or held by the attorney who drafted it. If the person passed away in Florida, the funeral director usually orders the death certificates; you’ll need to request multiple certified copies because banks, insurance agencies, and the IRS all want an original. A common mistake is ordering just two or three. Ten is a safer starting number.

For deaths that occurred outside Florida, order the certificate from that state’s vital records office. Processing times vary, so do this early. The Florida Probate Code doesn’t mandate a specific number of copies, but every institution you deal with will ask for a certified version before releasing funds or transferring titles.

What court forms are required for formal administration?

Formal administration is the standard probate path in Florida when assets exceed $75,000 or when real property is involved. The paperwork stack is thicker here. Beyond the petition and oath, you’ll need a notice of administration to send to beneficiaries and the decedent’s surviving spouse. The clerk issues letters of administration after you qualify these are the executor’s proof of authority to collect assets, sell property, and pay debts.

If the estate is uncontested, you and the heirs can sign a waiver of priority, consent to appointment of personal representative, and waiver of notice and bond. This single form can dramatically shorten the timeline. For estates that don’t need full formal administration, summary administration requires a petition for summary administration and a consent and waiver from all beneficiaries. Do not confuse the two paths. Using summary forms when you need formal administration will get your filing rejected.

How do you handle assets that need an inventory and appraisal?

Within 60 days after the letters of administration are issued, most executors must file a verified inventory and appraisal. This document lists every probate asset and its fair market value at the date of death. Real estate, bank accounts, brokerage holdings, vehicles, and personal property of significant value all go on the list. Items passing by beneficiary designation or held in joint tenancy with right of survivorship typically skip probate and don’t appear here.

For real estate, you’ll often attach a market analysis or certified appraisal. Some executors try to estimate values on their own, but Florida courts expect a neutral source for high-value items. If you skip the inventory or file it late, you risk being removed as personal representative. While you compile the asset list, it’s smart to use a free estate settlement planning worksheet to track what’s probate, what’s non-probate, and which accounts still need to be collected.

What if the estate has creditors or tax obligations?

Creditors get a limited window to file claims. Under the Florida Probate Code, you must publish a notice to creditors in a local newspaper and serve a copy on known or reasonably ascertainable creditors. The deadline is typically 30 days after the notice is published. Keep proof of publication and proof of service the court won’t accept verbal claims that you notified people.

For taxes, gather the decedent’s last Form 1040 and file a final individual income tax return if income thresholds are met. Florida doesn’t have a state estate tax, but federal estate tax returns (Form 706) may apply for large estates. You’ll also need to check if a Florida estate tax affidavit of no tax due is required to clear title on real property. Many executors miss this affidavit and later can’t sell the house without it. As you manage the steady flow of paperwork, it helps to review how to manage Florida estate settlement documents so nothing slips through the cracks.

What documents prove you fulfilled your duties and close the estate?

To wind things up, you’ll prepare a final accounting that details every transaction receipts, disbursements, distributions unless all affected parties sign a waiver. The accounting is often accompanied by a petition for discharge and a plan of distribution. Once the court approves these, you get an order of discharge. At that point, your liability typically ends.

Keep all receipts organized by asset and by month from day one. Rebuilding the accounting months later from scattered emails and check stubs is a nightmare. One executor I worked with spent an extra four weeks reconstructing paperwork simply because utility payments and auto-drafts came from an account he’d forgotten to track.

Common mistakes that delay Florida probate

• Filing a petition in the wrong county. This happens more often than you’d think.
• Using an uncertified death certificate for bank or life insurance claims.
• Forgetting to publish the notice to creditors and then facing a creditor claim after distribution.
• Not obtaining a tax identification number (EIN) for the estate before opening an estate checking account.
• Skipping the affidavit of no Florida estate tax when real estate is involved.

A practical document gathering sequence

1. Order at least 10 certified death certificates.
2. Locate the original will and any codicils. If there is no will, identify heirs using marriage, birth, and death records.
3. Request the funeral director’s statement, if burial expense reimbursement is needed.
4. Obtain letters of administration or equivalent court order.
5. Request an EIN from the IRS for the estate.
6. Compile a complete inventory of probate assets with valuations.
7. Gather all creditor invoices, final utility bills, and mortgage statements.
8. Draft and publish the notice to creditors.
9. File the final tax returns and any needed estate tax affidavit.
10. Prepare the final accounting and petition for discharge.

Once the court issues the order of discharge, you’ll still need to keep records for a few years, but your active responsibilities end. If you want a broader view of the estate settlement paperwork after probate closes, you can refer to our Florida estate settlement document checklist to make sure you’ve tied up every loose end.

Next step: Start by requesting one copy of the will and 10 certified death certificates today. Even if the rest of the checklist looks like a mountain, tackling those two items immediately gives you the foundation you need to open probate without unnecessary delay.