Whether or not an estate is required to go through probate depends on
the assets that the decedent owned at the time of his or her death. For instance, if a decedent solely owned any real property at the time of his
or her death, the estate would be required to go through probate to
transfer title of that real property to the decedent’s heirs or beneficiaries.
In this type of situation, the beneficiaries or heirs would need to seek the assistance of an attorney as our office cannot give legal or
procedural advice.
Probate is the court process through which a deceased person’s estate is administered. This involves validating the will (if there is one), identifying and collecting assets, paying off debts and taxes, and distributing the remaining assets to the beneficiaries or heirs. Probate is supervised by the court, ensuring the proper handling of the estate.
A will is a written direction controlling the disposition of property at death. A will usually designates a personal representative and names beneficiaries to receive probate assets.
The laws of each state set the formal requirements for a legal will. Pursuant to F. S. 732.901, the original Last Will and Testament of the deceased person must be deposited with the Clerk’s Office within 10 days AFTER a person is dead. The statute also states the date of death or social security number must be supplied upon the deposit of the will. Our office prefers a death certificate to be filed with the original will.
Florida Law establishes two types of probate administration:
Formal Administration which is generally used when the estate value exceeds $75,000.00. Florida Law generally requires an attorney to administer Formal Administration.
Florida Probate Rule 5.030 requires an attorney for many Probate cases. Unfortunately, the Clerk’s Office cannot assist you with these probate matters and does not provide forms.
- Summary Administration is generally used when the estate value is $75,000.00 or less.
DISPOSITION WITHOUT ADMINISTRATION
Florida Law also establishes a non-administration probate proceeding called “Disposition without administration.” This procedure may not be used when there are other assets in excess of the paid funeral bill and final medical expenses or if the decedent’s estate includes real property. The process is also sometimes referred to as a Small Estate Affidavit.
The required forms and documentation for a Disposition without administration are as follows:
- Original Last Will and Testament of the decedent (if applicable).
- Certificate of Death
- Funeral bill showing paid in full and who paid.
- Copy of bank statement, stock certificate or any related information regarding the assets that you are attempting to transfer with this procedure.
| Item | Fee |
| Probate | |
| Formal Administration | $400.00 |
| Trust Administration | $400.00 |
| Summary Administration (Estates valued @ $1,000 or more) | $345.00 |
| Summary Administration (Estates valued @ less than $1,000) | $235.00 |
| Petition and One Order | $231.00 |
| Petition and Order to admit foreign wills, Authenticated copies or transcript of record | $231.00 |
| Disposition of Personal Property without Administration | $231.00 |
| Caveat | $41.00 |
| Notice of Trust | $41.00 |
| Petition to Determine Incapacity and Restoration | $231.00 |
| Guardianship | |
| Guardianship of the Person and Property | $400.00 |
| Guardianship of the Property Only | $400.00 |
| Guardianship of the Person Only | $235.00 |
| VA Guardianship | $235.00 |
| Auditing of the verified inventory of more than $25,000 | $85.00 |
| Annual Auditing: The guardian shall pay from the ward’s estate to the Clerk of the Circuit Court a fee based upon the following graduated fee schedule, upon the filing of the annual financial return or simplified financial return, for the auditing of the return. Please note: Fees will be adjusted, if necessary, based upon audit adjustments. | |
| For estates with a value of $25,000 or less | $20.00 |
| For estates with a value of more than $25,000 up to and including $100,000 | $85.00 |
| For estates with a value of more than $100,000 up to and including $500,000 | $170.00 |
| For estates with a value in excess of $500,000 | $250.00 |
| Additional | |
| Copies per page | $1.00 |
| Additional fee for certification | $2.00 |
| Additional fee for exemplification | $7.00 |
| Recording – first page | $10.00 |
| Recording – each additional page | $8.50 |
| Approving bond | $7.50 |
St. Johns County Clerk of the Circuit Court and County Comptroller