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Probate of Estates FAQ

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Probate of Estates - (561) 355-2986

Probate - Active Case Questions
- How do I know what judge is assigned to my case?
  The paperwork filed in your case should have a “Division” noted on it. The division is a two letter code, such as “IB.” If you go the 15th Judicial Circuit website and click on “Divisions,” it will take you to a list of all the divisions in the circuit. If you click on the division assigned to your case, it will take you to the judge’s division page. That page will have the judge’s information, as well as contact information for their staff. It will also contain instructions on how to set hearings, submit proposed orders and how best to communicate with the division.
- Can I look up my probate case online?
  Yes. You can search court records on our website, www.mypalmbeachclerk.com. On the very top of the screen, click on “search records” and then choose “Court Records.” You can search as a guest or register as a registered user. You can search by case number or the decedent’s name. Please note, documents filed in probate cases are not viewable online except by the parties to the case or the attorney of record in a case. In order to view these documents, you must register on our website. If you search as a guest, you will only see the case name, case number, party names and names of documents filed on the docket. If you are not a party to the case and want to view the documents, you must come into one of our offices or request the documents by mail.
- How do I obtain a probate checklist? Can I print it from your website?
  Pursuant to Administrative Order 6.202-06/22, the Clerk of the Circuit Court & Comptroller no longer provides a closing checklist. For the closing checklist for formal administration, please see the Discharge checklist.
  
  All checklists can be found at the 15th Judicial Circuit's website.
- I received a blue memorandum in the mail. Who should I call?
  These blue case memorandas are issued by the probate case managers who work for Court Administration. No one in the Clerk’s office can assist as these memorandas are issued on behalf of the Court. You must call the telephone number on the blue memorandum sheet and speak with the case manager. This applies to both attorneys and pro se litigants.
- Can I e-file the will/death certificate?
  No. The original wills and death certificates are required to be filed with the Clerk’s office in all probate cases. The original can be hand-delivered or mailed to our probate division at P.O. Box 4667, West Palm Beach, FL 33402.
- I am closing out my file. Am I missing any documents?
  The clerk cannot tell you what may or may not be missing. Please email ProbateClosure@mypalmbeachclerk.com to request a checklist of what is needed to finalize your case and it will be emailed back to you.
- I sent in proposed orders several weeks ago and have not received my orders/letters yet. Do you know the status of my order/letters?
  The current wait time for orders from the probate court is 6 to 8 weeks. It can take longer depending on the facts and circumstances of each case. Once your proposed orders are sent to the judge for review, the Clerk’s office has no knowledge of the status of the order. If it has been more than 8 weeks, you will need to contact the probate case manager assigned to your case to check on the status of your orders/letters. Contact information for the probate case managers can be found on the 15th Judicial Circuit website.
- When are ex-parte probate hearings held?
  There are currently no in-person ex-parte hearings being held and all UMC hearings are via Zoom.
  
  Please visit the 15th Judicial Circuit website for current information regarding attendance or scheduling a hearing.
- Why is the pleading that I filed two days ago not on the docket?
  The clerk’s turn-around time is 48 hours for new case indexing and 72 hours for existing case docketing. The turn-around time starts the next business day.
Probate - Basic Questions
- Do you have forms I can use to file a probate action?
  We have a free packet for Disposition of Personal Property without Administration that includes instructions and premade forms. If you would prefer to have the packet mailed to you, please contact our Self-Service Center at 561-355-7048. Although there are no required premade forms for a Summary Administration case, the 15th Circuit Court’s Law Library does have a Summary Administration packet with template forms. There are no forms available for formal administration as Florida law requires that you be represented by an attorney to file for Formal Administration.
- What are “Letters of Administration”? I have been told I just need a letter and not an order so why do I need to open a court case?
  Letters of Administration are court orders issued as part of Formal Administration cases. Letters of Administration give a personal representative the authority to begin administering the estate, including but not limited to discussing financial details with banks. It is not possible to obtain Letters of Administration without opening a probate case.
- What is Disposition of Personal Property without Administration? Summary Administration? Formal Administration?
  See a brief description of each probate case type, which references the Florida Statute that can provide more detailed information.
- Do I need an attorney to probate an estate?
  You are not required to hire an attorney for a Disposition of Personal Property without Administration or a Summary Administration case. However, Florida law does require you to be represented by an attorney to file for Formal Administration.
- Does the existence of a will mean I do not need to open a probate case?
  Not necessarily. A probate action can be open testate (when there is a will) or intestate (when no will was left by the decedent). If you are unsure about whether you need to open a probate case, you should consult an attorney.
- My relative/loved one passed away. How do I know if I need to open a probate case?
  The Clerk’s office cannot give legal advice regarding the particular facts of your situation. We recommend that you consult with a probate attorney for advice on how best to proceed.
- I am in possession of a loved one’s will. Do I need to file it with the Clerk’s office?
  Yes, per Florida Statute 732.901 the will should be filed with the Clerk’s office in the county where the decedent resided within 10 days of their death. You can file the original will in person at any of our courthouse locations or by mail, to the attention of our probate division at P.O. Box 4667, West Palm Beach, FL 33402. You must include a certified copy of the death certificate, or other document that will confirm the date of death, when filing the will.
- How is it determined to which courthouse my probate case will be assigned?
  The zip code of the petitioner’s attorney’s office location, or the decedent’s last known address if there is no attorney, determines to which courthouse the probate case is assigned. The Chief Judge lists the zip code assignments in Administrative Order 6.101, which was updated on January 1, 2020.
- Where should I file for probate?
  A probate action must be opened in the county where the decedent resided at the time of death, regardless of the residence of the petitioner. Sometimes, if a decedent resided in another state, but has some property in Florida, the petitioner can file for probate in the other state and file an ancillary proceeding in Florida. There are very specific rules for when ancillary probate is appropriate and you should consult with an attorney if you believe this might apply to your situation.
- Who do I contact if my question isn't answered here in the Probate of Estates FAQs?
  Any other probate questions not answered by these FAQs should be sent to probategaclerkweb@mypalmbeachclerk.com.
Probate - Claim Questions
- My claim against the estate has not be paid. Can you tell me when it will be paid?
  The clerk is unable to answer this question because we do not pay the claims. You may contact the attorney of record for the status of claims.
- How do I know if a probate case has been filed for a particular decedent?
  You can search court records on our website, www.mypalmbeachclerk.com. On the very top of the screen, click on “search records” and then choose “Court Records.” You can search as a guest or register as a registered user. Search by the decedent’s name to see if there are any court cases open in their name. Please note, documents filed in probate cases are not viewable online except for by the attorney of record in a case. You will only be able to see the case name, case number, party names and names of documents filed on the docket. To view the documents, you must come into one of our offices or request the documents by mail.
- There is no probate case opened for a decedent, but I would like to be notified by your office if a case is filed. How do I request that?
  You can file a caveat. A caveat is a form you file requesting to be notified if any type of probate action is opened for a decedent. The filing fee for a caveat is $41. There is no pre-made form for a caveat, so you would have to draft the document yourself. You may be able to find a template in a law library or online. You can file the caveat in person at any of our courthouse locations, by mail to the attention of our probate division at P.O. Box 4667, West Palm Beach, FL 33402, or by e-filing it through Florida’s e-filing portal.
- The decedent owed me money. How do I file a claim against their estate?
  If there is a probate case open for the decedent, you can file a statement of claim form in that case. If you need the form mailed to you, email us at probategaclerkweb@mypalmbeachclerk.com or mail your request to our probate division at P.O. Box 4667, West Palm Beach, FL 33402. There is no fee to file a statement of claim.
  If there is no probate case open for the decedent, but you would like to be notified if a case is opened, you can file a caveat. A caveat is a form you file requesting to be notified if any type of probate action is opened for a decedent. The filing fee for a caveat is $41. There is no pre-made form for a caveat so you would have to draft the document yourself. You may be able to find a template in a law library or online.
Probate - Copies
- Can I request copies of everything in a particular probate file?
  If you are not a party to the case or the attorney of record for a party to the case there are certain documents you would not be able to obtain because Florida law makes them confidential to non-parties. This includes any inventories and accountings filed in the case as well as any document made confidential by court order.
- How do I request copies of documents in a probate case and how much do the copies cost?
  Send a written request for copies specifying the case number, name of the decedent and title of the specific document(s) you want copied, along with the appropriate fee made payable to:
  
  Clerk of the Circuit Court & Comptroller Palm Beach County
  Attention: Probate Division
  P.O. Box 4667
  West Palm Beach, FL 33402
  
  Copies Fees
  - Copies are $1 per page
  - Certified copies – an additional fee of $2 per document.
  - Exemplified copies – an additional fee of $7 per document.
  To request a page count or if you have questions about requesting copies in a probate case, email us at probategaclerkweb@mypalmbeachclerk.com.
- How can I obtain a copy of an inventory or an accounting?
  You must be the personal representative, appointed by the court, or the attorney for the personal representative to receive a copy of the inventory or the accounting. If you are not one of these persons authorized to have access to an accounting or inventory, you may contact the attorney of record and request a copy or you may get an order for the Clerk to provide a copy of these documents.
Probate - Oath of Witness to Will
- What do I need to bring to have an Oath of Witness to Will administered?
  All Oath of Witness to Wills are required to have a section for the clerk to affix their office stamp and sign as deputy clerk. The witness will need to present valid ID, a copy of the will or codicil, and $3.50 cash, credit/debit, check, or money order payable to: Joseph Abruzzo, Clerk of the Circuit Court & Comptroller.
- If I live out of county/state do I need to come in person for an Oath of Witness to Will?
  You can have an oath administered by the Clerk's office in the county where you reside so long as the clerk signs as deputy clerk and affixes their office stamp. The signed Oath of Witness to Will must be filed in the Palm Beach County probate case.
- Is there a fee to have the clerk administer the Oath of Witness to Will?
  The fee to administer the Oath of Witness to Will is $3.50 cash, credit/debit, check, or money order payable to: Joseph Abruzzo, Clerk of the Circuit Court & Comptroller.
- Who’s responsible for filing the oath after it is administered?
  If the oath is for a probate case filed in Palm Beach County and the petitioner is not represented by an attorney, the clerk will file the signed oath after it’s administered. If the petitioner is represented by an attorney, the attorney is required to file the signed oath through the e-portal. For oaths administered for an out-of-county probate case, the witness is required to return the oath to the attorney/petitioner to file in the proper jurisdiction.
Probate - Out of State
- I am out of state. Do I need to come to court in Florida if I file a probate case there?
  In most cases, if the probate action is uncontested there will be no hearings required. You can file your paperwork by mail, to the attention of our probate division at P.O. Box 4667, West Palm Beach, FL 33402, or electronically via the Florida e-filing portal at www.myflcourtaccess.com. See e-filing instructions for more information. Please note that the original death certificate and original will (if any) must be mailed or hand delivered to our office and cannot be e-filed. If your case is contested, you may need to appear in court. If you have an attorney, they may be able to appear on your behalf. The judge assigned to your case will determine whether a hearing is necessary and who must appear.

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Probate - Active Case Questions

How do I know what judge is assigned to my case?

Can I look up my probate case online?

How do I obtain a probate checklist? Can I print it from your website?

I received a blue memorandum in the mail. Who should I call?

Can I e-file the will/death certificate?

I am closing out my file. Am I missing any documents?

I sent in proposed orders several weeks ago and have not received my orders/letters yet. Do you know the status of my order/letters?

When are ex-parte probate hearings held?

Why is the pleading that I filed two days ago not on the docket?

Probate - Basic Questions

Do you have forms I can use to file a probate action?

What are “Letters of Administration”? I have been told I just need a letter and not an order so why do I need to open a court case?

What is Disposition of Personal Property without Administration? Summary Administration? Formal Administration?

Do I need an attorney to probate an estate?

Does the existence of a will mean I do not need to open a probate case?

My relative/loved one passed away. How do I know if I need to open a probate case?

I am in possession of a loved one’s will. Do I need to file it with the Clerk’s office?

How is it determined to which courthouse my probate case will be assigned?

Where should I file for probate?

Who do I contact if my question isn't answered here in the Probate of Estates FAQs?

Probate - Claim Questions

My claim against the estate has not be paid. Can you tell me when it will be paid?

How do I know if a probate case has been filed for a particular decedent?

There is no probate case opened for a decedent, but I would like to be notified by your office if a case is filed. How do I request that?

The decedent owed me money. How do I file a claim against their estate?

Probate - Copies

Can I request copies of everything in a particular probate file?

How do I request copies of documents in a probate case and how much do the copies cost?

How can I obtain a copy of an inventory or an accounting?

Probate - Oath of Witness to Will

What do I need to bring to have an Oath of Witness to Will administered?

If I live out of county/state do I need to come in person for an Oath of Witness to Will?

Is there a fee to have the clerk administer the Oath of Witness to Will?

Who’s responsible for filing the oath after it is administered?

Probate - Out of State

I am out of state. Do I need to come to court in Florida if I file a probate case there?