Florida Probate Preparation Checklist

Why Planning Ahead Can Save Your Family Time, Money, and Stress When a loved one passes away, grief alone can feel overwhelming. Unfortunately, for many Florida families, the emotional toll is compounded by the complex and often frustrating process of probate, the legal system that oversees the distribution of a deceased person’s assets.
Whether or not there’s a will, Florida probate can take months (or longer), especially when key documents are missing, debts go unaddressed, or disputes arise among heirs. The best way to prevent these complications is simple: prepare in advance. At The Dellutri Law Group, we've seen firsthand how families can avoid costly delays, confusion, and unnecessary legal battles by organizing key documents and making smart estate decisions early.
Use this checklist to guide your planning, or to prepare an estate for probate after a loved one’s passing.

Probate Preparation Checklist

1. Organize Legal Documents

  • Locate and securely store the original Last Will & Testament (and any amendments).
  • Obtain multiple certified copies of the death certificate.
  • Gather any trust documents, such as a revocable living trust.
  • Have on hand any marriage certificates, divorce records, or adoption paperwork.
2. Inventory All Assets
  • List real estate holdings with deeds and mortgage details.
  • Compile bank, brokerage, and investment account information.
  • Identify life insurance policies, annuities, and retirement accounts.
  • Document vehicles, boats, and other registered property.
  • List high-value personal property (art, jewelry, collectibles).
  • Note any business ownerships or partnerships.
  • Flag any out-of-state property (may require additional probate proceedings).
3. Document Debts and Liabilities
  • List credit cards, loans, and mortgages.
  • Gather any medical bills, especially recent or end-of-life care.
  • Keep records of funeral costs and service providers.
  • Create a list of known creditors to notify during probate.
4. Identify Beneficiaries and Heirs
  • Make a list of all named beneficiaries in the will or trust.
  • Include legal heirs, even if they aren’t named (Florida law may require notice).
  • Record up-to-date contact information for each heir or beneficiary.
5. Choose a Responsible Personal Representative
  • Ensure the named executor is qualified under Florida law.
  • If no one is named, choose a responsible individual or consider a professional fiduciary.
  • Provide guidance or support materials for the executor to understand their duties.
6. Understand Key Timelines and Obligations
  • Creditors must be given 90 days to file claims after public notice.
  • Expect probate to take 6–12 months, longer if contested.
  • Prepare for required accounting, court filings, and distributions.
7. Work With a Trusted Probate Attorney
  • Don’t go it alone, probate is a legal process that benefits from expert guidance.
  • The Dellutri Law Group can streamline the process, reduce risk, and protect your rights.
  • Schedule a consultation early to build a clear strategy and avoid costly missteps.
Bonus Tips for Pre-Planning
  • Consider setting up a revocable living trust to bypass probate altogether.
  • Maintain a well-organized estate planning binder with updated documents.
  • Make sure trusted loved ones know where to find critical information, including passwords and digital accounts.

Probate doesn’t have to be a nightmare. With the right preparation and expert legal support, your family can avoid unnecessary delays, reduce conflict, and focus on healing.
If you’re planning ahead or currently navigating probate in Florida, The Dellutri Law Group is here to help, with compassion, clarity, and over 1,300 5-star reviews backing our promise to stand by your side.
Need help today? Call Dellutri Law Group for a free consultation and get the support your family deserves.
239-939-0900