Who is Involved in the Probate Process?

The following is a list of persons or entities often involved in the probate process:

• Clerk of the Circuit Court
  Circuit Court (acting through a Circuit Court Judge)

• Personal Representative

• Attorney for the Personal Representative

• Internal Revenue Service ("IRS")

• Florida Department of Revenue

• Surviving Spouse and Children

• Other Beneficiaries 

Where are Probate Papers Filed?

Probate papers are filed with the Clerk of the Circuit Court, usually for the county where the decedent lived.  A filing fee must be paid to the Clerk to commence the probate administration.  The Clerk assigns a file number and maintains a docket sheet which lists all papers filed with the Clerk for that probate administration.

Who Supervises the Probate Administration?

A Circuit Court Judge presides over probate proceedings.  The Judge appoints the personal representative (this includes the issuance of "letters of administration", also referred to simply as "letters", the document showing to the world the authority of the personal representative to act), holds hearings when necessary, and resolves all questions raised during the administration of the estate by entering written directions called "orders".

The personal representative is the person, bank or trust company appointed by the Court to be in charge of the administration of the estate.  The generic term "personal representative" has replaced such terms as "executor, executrix, administrator and administratrix".