Florida Probate Court Petition for Administration Form

When someone passes away in Florida and leaves behind assets that need to be managed, someone has to step forward and ask the court for permission to handle the estate. That request is called a petition for administration. Without filing this petition with the probate court, no one has the legal authority to pay the decedent's debts, transfer property, or distribute assets to beneficiaries. If you're trying to settle a loved one's estate and don't know where to start, this is the document that opens the entire probate process.

What is a petition for administration in Florida probate?

A petition for administration is the formal document filed with the circuit court to open a probate case. It tells the court that someone has died, identifies who wants to serve as the personal representative (also called the executor in other states), and asks the judge to issue Letters of Administration. Those letters are what give the personal representative legal authority to act on behalf of the estate.

In Florida, this petition is governed by Florida Statute §733.201. The law requires the petition to include specific information about the decedent, the estate, and the person asking to be appointed. If the petition doesn't meet the statutory requirements, the court will reject it which means delays, extra costs, and more frustration during an already difficult time.

Who can file this petition?

Florida law gives priority to certain people to serve as personal representative. In order of priority:

The person named in the decedent's will (the nominated executor)
The surviving spouse
The person selected by a majority of the beneficiaries
A close heir (such as an adult child or parent)

If you were named in the will, you generally have the strongest claim. But being named in the will doesn't mean you automatically become the personal representative you still have to file the petition and get court approval. There are also residency requirements. Florida law typically requires a personal representative to be a Florida resident, or a spouse, sibling, parent, child, or other close relative of the decedent. If you live out of state and don't fall into one of those categories, you may need to work with someone who qualifies. Our guide on non-resident executor paperwork in Florida covers this in more detail.

What information does the petition need to include?

A properly drafted petition for administration must contain several key pieces of information. Missing or incorrect details are the most common reason courts reject filings. Here's what the petition should cover:

Decedent's information: Full legal name, date of death, last known address, and the county where they lived
Whether a will exists: If there is a will, it must be filed with the petition. If there is no will, the estate will be handled under Florida's intestacy laws
Personal representative details: Name, address, and relationship to the decedent of the person seeking appointment
Estimated value of the estate: An approximate value of the probate assets and any real property in Florida
Heirs and beneficiaries: Names and addresses of the surviving spouse, children, and other interested persons
Statement of qualifications: Confirmation that the proposed personal representative meets Florida's eligibility requirements

You can find the official Florida probate forms for executors on our site, along with instructions for each document.

How do you actually file the petition?

Filing a petition for administration follows a specific sequence. Getting the order right matters because the court won't process filings that are incomplete or out of step.

Obtain the correct forms. The petition must use the forms approved by the Florida Supreme Court. These are standardized, but you still need to fill them out accurately for your specific situation.
Gather supporting documents. You'll need the original will (if one exists), the death certificate, and any waivers signed by interested parties. Our page on estate administration documents required by Florida courts has a full breakdown.
File with the clerk of court. The petition is filed in the circuit court of the county where the decedent lived at the time of death. There is a filing fee, which varies by county but is typically around $300–$400.
Request issuance of Letters of Administration. Once the court approves the petition, it will issue Letters of Administration. These letters officially authorize the personal representative to manage the estate.

What happens after the petition is filed?

After filing, the court reviews the petition to make sure everything is in order. If the decedent left a valid will and the nominated person is qualified, the process usually moves quickly. The judge signs an order admitting the will to probate and appointing the personal representative.

Once appointed, the personal representative must:

Notify creditors by publishing a notice in a local newspaper
Inventory and value the estate's assets
Pay valid debts and expenses of administration
File a petition for discharge after distributing assets

Florida also distinguishes between formal administration and summary administration. Summary administration is available when the estate's non-exempt assets are valued at $75,000 or less (excluding homestead property). For smaller estates, a small estate affidavit in Florida might also be an option, depending on the circumstances.

What are the most common mistakes people make?

Filing errors cause real delays and cost real money. Here are the mistakes probate attorneys see most often:

Filing in the wrong county. The petition must be filed where the decedent lived not where the property is located, and not where the personal representative lives.
Not filing the original will. Florida law requires the original will to be filed with the court within 10 days of the decedent's death. A copy may not be accepted without additional legal proceedings.
Listing incorrect or incomplete heir information. The court needs accurate names and addresses for all interested parties. Leaving someone out can lead to objections and potential legal challenges.
Underestimating the estate's value. The estimated value affects which type of administration applies. Getting this wrong can cause the court to question the entire petition.
Not meeting residency requirements. If you're a non-resident trying to serve as personal representative, make sure you qualify under Florida law before filing. Otherwise, you'll waste time and filing fees.
Using outdated forms. Florida courts update their standard forms periodically. Always verify you're using the current version from the Florida Supreme Court's website.

Do you need a lawyer to file the petition?

Florida law technically allows individuals to represent themselves in probate proceedings. However, Florida courts generally require an attorney to be involved in formal administration because the personal representative is acting in a fiduciary capacity on behalf of the estate and its beneficiaries. A probate attorney can make sure the petition is complete, properly formatted, and filed correctly the first time.

If you're handling a straightforward estate with a clear will and no disputes among heirs, the process is relatively manageable with professional guidance. Contested estates, missing wills, or complex asset situations make attorney involvement even more important.

How long does the whole process take?

A simple, uncontested probate in Florida typically takes about three to six months from start to finish. Estates with creditor disputes, will contests, complex assets, or out-of-state property can take significantly longer sometimes over a year. The petition for administration is just the starting point, but filing it correctly sets the timeline for everything that follows.

Practical checklist before you file

Before submitting your petition for administration, run through this checklist:

Confirm the decedent's county of residence at the time of death
Locate the original will (if one exists) and any codicils
Obtain certified copies of the death certificate (you'll need several)
Identify all heirs, beneficiaries, and interested parties with current contact information
Estimate the value of the estate's probate assets
Verify you meet the eligibility requirements to serve as personal representative
Download and complete the current Florida Supreme Court petition forms
Prepare the filing fee (check with the local clerk for the exact amount)
Consult a Florida probate attorney if you're unsure about any step

Tip: Don't delay filing. Florida law requires the will to be deposited with the court within 10 days of learning about the death. The sooner you file the petition, the sooner you can begin managing the estate, addressing creditor claims, and distributing assets to the people who are entitled to receive them. Every week of delay can mean missed deadlines, accumulating expenses, and growing frustration for everyone involved.