Hillsborough County Circuit Court probate division Guide

Disposition of Personal Property without Administration may be filed without the assistance of an attorney and are handled by the Clerks in the Probate Department. Filed when the amount of the estate does not exceed the amount of the preferred funeral expenses and the expenses of the last sixty days of the last illness.

• Non-exempt assets do not exceed funeral expenses plus medical expenses from last 60 days of life
• No real property in the estate
• Certified death certificate required
• Itemized funeral bill required

Qualifies:

Exempt property + preferred funeral expenses + reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (F.S. 735.301; no fixed dollar cap)

Filing fee:

$232

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Attorney:

not required by law, though many families use one

Summary Administration may be filed when the value of the entire estate does not exceed $150,000 or when the decedent has been dead for more than two years. A petition may be filed by any beneficiary, heir at law, or person nominated as personal representative.

• Estate value under $150,000 in non-exempt assets (excluding homestead)
• OR at least 2 years have passed since death
• No personal representative appointed
• Assets distributed directly to beneficiaries by court order

Qualifies:

$150,000 in non-exempt assets (excluding homestead) OR 2+ years since death

Filing fee:

$346

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Attorney:

not required by law, though many families use one

Attorney strongly recommended but not required for summary administration.

Formal Administrations are used when it is necessary to appoint a personal representative to act on behalf of the estate because the assets exceed the monetary limits for other types of administration or other special circumstances.

• Personal representative appointed by court
• Attorney representation required in Florida per Florida Probate Rule 5.030
• E-filing mandatory for attorneys
• Inventory and accounting required
• Creditor notice period required

Qualifies:

Estates exceeding $150,000 in non-exempt assets, or less than 2 years since death

Filing fee:

$401

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Typical duration:

6-12 months minimum

Attorney:

required

Ancillary Administrations are used when it is necessary to appoint a personal representative to act on behalf of the estate when the decedent is a nonresident because his/her assets are titled in their name alone.

• Decedent was not a Florida resident
• Decedent owned real or personal property in Hillsborough County
• Must be accompanied by authenticated copies of probate proceedings from domiciliary state

Filing fee:

$401

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Used to transfer title of real property in Florida of a nonresident by filing an authenticated copy of the foreign will. May only be filed if the decedent has been dead for more than two years.

Used when the Court needs to appoint a Curator and issue Letters of Curatorship to take charge of the estate of a decedent until Letters of Administration are granted.

Filing fee:

$400

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Used when a resident is an 'absentee' (missing due to Armed Forces, reported missing in action, or disappears under circumstances indicating death or mental cause). A Conservator is appointed to administer the estate until they are found or declared dead.

Filing fee:

$400

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Notice of Trust are to be filed with the Clerk upon the death of a settlor of a trust. Must contain settlor's date of death, name, title of trust, date of trust, and name/address of trustee.

Filing fee:

$41

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A caveat may be filed with the Clerk by a creditor or an interested person to prevent either probate of a will or administration of an estate without notice.

Filing fee:

$41

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