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Probate Petition

Before filing

  1. 1

    Deposit the original will with the clerk promptly

    Section 732.901 requires the will's custodian to deposit it within 10 days of learning of the death — independent of any petition.

  2. 2

    The administration type follows the statute

    Summary administration is available when the estate qualifies under § 735.201, Fla. Stat. (value less exempt property of $75,000 or less, or death more than two years ago); otherwise formal administration under Chapter 733 applies. The petition contents differ by track.

Filing

  1. 3

    File the verified petition with the contents the Probate Rules require

    Rule: E-Filing Through the Statewide Portal — Fla. R. Gen. Prac. & Jud. Admin. 2.525(b) →
  2. 4

    Serve formal notice on interested persons as the rules require

    Waivers and consents shortcut this where every interested person signs.

Scheduling

  1. 5

    Learn the probate division's submission channels

    Probate divisions run division-specific order queues and ex parte calendars; the division page controls how orders actually get signed.

After the hearing

  1. 6

    After letters issue, calendar the creditor period and inventory deadlines

    Rule: Computing Time — Fla. R. Gen. Prac. & Jud. Admin. 2.514 →

Steps marked “check the division's instructions” vary by judge — that variance is exactly what BenchPath tracks. Search your county and division for the specific requirements before relying on the generic sequence. Not legal advice.