What Documents are Needed to Probate an Estate?

Probate Documents Needed in Florida

Losing a loved one is devastating. On top of going through the grieving process, you now have the responsibility of handling your loved one’s estate and probate. Probate can become a tricky process that requires a lot of proper documentation to make sure you receive the assets you are owed from the deceased. We made this simple guide to provide clarity on the process so you can properly execute your loved one's wishes.

Stokes McMillan Antúnez Martinez-Lejarza P.A. is a full-service Florida trusts and estates law firm providing services including, but not limited to, probate, estate planning, trust & estate administration, and trust and estate litigation. If you have any questions or wish to hire our firm, please contact us. 

The Probate Process Overview

Probate is the court-supervised process of distributing a deceased person's assets according to their will or state law. As you can imagine, Florida Probate Courts have their own set of rules that are key to understand.

It all begins by filing paperwork with the probate court to open the estate. Then, the will is validated, assets inventoried, debts paid, and remaining assets distributed. Finally, the estate is closed out by the court once all tasks are complete.

Probate can seem like a big and intimidating process, especially when you are still grieving a loss. However, hiring one of the top probate attorneys in Miami can help get you through each step, including knowing what documents are needed to probate the estate, quickly and correctly.

Vital Documents Needed for Probate

Certain documents are needed for probating an estate in Miami probate courts. Be sure to gather and organize all the following items, or have your attorney assist:

The Will

• The will is the most critical document, as it provides instructions for distributing assets.

• If no will exists, the estate goes through intestacy rules.

• The will must be submitted to probate court to be validated.

Trust Documents

• Trusts are separate legal entities that hold assets.

• The trust documents outline asset distribution, so provide copies.

• Living trusts can bypass probate if funded correctly.

Financial Statements

• Financial documents outline assets like:

• Bank/investment accounts

• Real estate deeds

• Insurance policies

• Also include outstanding debts like mortgages or loans.

Marriage and Family Documents

• Marriage certificate if the deceased was married.

• Divorce agreements if previously married.

• Birth certificates of children/heirs.

Tax Documents

• Previous tax returns.

• IRS forms W-2 and 1099 for income sources.

Other Helpful Probate Documents

Beyond the essentials, other documents can help streamline probate administration:

Inventory Lists

• Itemized lists of household/personal belongings make dividing property easier.

Receipts for Funeral Expenses

• Funeral bills can be paid from the estate, but this does require the court’s approval.

Business Documents

• If the deceased owned a business, provide formation docs, agreements, financials.

Vehicle Title

• Car titles establish ownership to transfer vehicles.

Death Certificate

• Multiple certified copies will be needed during probate.

Beneficiary Designations

• Documents showing beneficiaries for assets like life insurance or retirement accounts.

Probate administration usually takes 5-6 months, sometimes longer. However, not having these documents put together properly can extend the time it takes to complete the probate process, or even cause issues for you.

Seek Legal Guidance

Probating an estate involves many intricate steps and paperwork. An experienced miami probate attorney can help you:

• Locate needed documents.

• File paperwork correctly.

• Resolve any disputes over the will or assets.

• Ensure you meet all probate court deadlines.

• Avoid costly legal mistakes.

Stokes McMillan Antúnez Martinez-Lejarza P.A. is a full-service Florida trusts and estates law firm providing services including, but not limited to, probate, estate planning, trust & estate administration, and trust and estate litigation. If you have any questions or wish to hire our firm, please contact us. 

Frequently Asked Questions About Probate Documents

What documents do you absolutely need for probate?

At minimum, you need the will, any trust documents, financial statements for assets, and marriage/family documents like divorce decrees and birth certificates. These provide the legal proof needed for asset distribution.

How do I find the needed probate documents?

Check the deceased's safe deposit box, home file cabinet, computer files, and with their lawyer, accountant, or financial advisor. Ask relatives if they are aware of any estate planning documents.

What if I can't find a will for the deceased?

If no valid will is found, the estate goes through intestacy - Florida law dictates who inherits assets based on family lineage. An attorney can advise you on intestate rules.

Should I make photocopies of probate documents?

Yes, make several copies of original documents like the will and financial statements. You'll need multiple copies when filing for probate.

Can an attorney help me find missing probate documents?

Yes, an experienced probate attorney has resources to help locate documents, including petitions to financial institutions to release copies.

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