How Do I Get Appointed as Executor in Florida?
See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.
Frequently Asked Questions
Florida has no single statewide fill-in petition; the opening document is prepared to statute and filed with the Circuit Court. The Circuit Court issues Letters of Administration after the court grants the petition.
Along with the petition, Florida generally requires: Verified Petition for Administration drafted to Fla. Prob. R. 5.200 (petitioner interest, decedent data, beneficiaries, venue, § 733.301 priority, will statement, asset value); Original of the decedent's last will and any codicils (deposited with the court within 10 days of knowledge of death, Fla. Stat. § 732.901), in a testate estate; A copy of an official record of the decedent's death — NOT a "certified" copy, and NOT filed with the petition in a formal administration. Fla. Prob. R. 5.205(a) requires "a copy of an official record of the death", due in an administration "not later than 3 months following the date of the first publication of the notice to creditors" (5.205(a)(1)) — i.e. after Letters issue — and at the time of filing in summary administration (5.205(a)(3)) and disposition without administration (5.205(a)(4)). The court may dispense with the rule entirely on verified petition, without notice or hearing (5.205(b)). The committee note directs the SHORT FORM: "A short form certificate of death, which does not disclose the cause of death, should be filed." Separately, an AUTHENTICATED copy of a death certificate is prima facie proof of the fact, place, date and time of death (Fla. Prob. R. 5.171(a); Fla. Stat. § 731.103(1)) — the word "certified" is defined in Rule 5.015(b)(1) and is used nowhere in the death-record rules; Oath of Personal Representative ("Before the granting of letters of administration, the prospective personal representative must file an oath to faithfully administer the estate of the decedent", Fla. Prob. R. 5.320) plus the address designation and designation of / acceptance by a resident agent required before letters issue (Fla. Prob. R. 5.110(a)-(d) "Before letters are issued ... must file a designation of resident agent for service of process or notice, and the acceptance by the resident agent"; Fla. Prob. R. 5.235(a)(3)); Bond unless waived by the will or by the court (Fla. Stat. § 733.402; Fla. Prob. R. 5.235(c)); Formal notice on, or waiver/joinder by, any person with equal or higher appointment preference — the petition must state "whether or not any other person has equal or higher preference, and if so, their name and whether they will be served with formal notice" (Fla. Prob. R. 5.200(e)).
Yes. Florida requires a bond by default before Letters issue. A will can waive it.
Florida permits self-represented filers to open an estate. E-filing is available to self-represented filers. The Self-File Probate Assessment compares self-filing and attorney costs for Florida.
Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Florida — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.
Is this your situation?
Get a complete guide for your specific circumstances.
More tools for settling this estate
Calculators and checklists for navigating probate and estate administration.
Petition for Probate and Letters
Prepare the application to open probate and request Letters Testamentary or of Administration.
Notice to Creditors
Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.
Small Estate Affidavit
Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Estate Closing
Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.
Letter of Instruction
Prepare the letter of instruction a bank or insurer requests during estate settlement.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Do I Need Probate?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.
Hire a Florida Probate Attorney
Browse 139 probate firms in Florida with addresses, contact info, and practice details.
Your kids shouldn't have to do this.
Florida Estate Planning Resources
In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.