Initial Probate Checklist

• Assist with burial arrangements of decedent. Instructions may appear in will.
• Locate Will. If it cannot be found or if it is in decedent's safe deposit box in bank, obtain court order to enter box and remove will.
• Determine whether decedent was domiciled in Florida at the time of death and, if so, the county of decedent's domicile.
• Deposit Will with Court.
• Locate and take possession of decedent's records.
• Determine whether a family allowance is necessary.
• If there is a will, read it and discuss its provisions with the family.
• Take measures to protect jewelry, automobiles, and other tangible personal property and arrange for protection of real estate.
• Examine existing insurance coverage and determine whether there is sufficient coverage on real estate and personal property. Increase insurance when necessary.
• Determine whether administration of the estate is necessary and, if so, to what extent. See F.S. 735.201 (summary administration); F.S. 735.301 (disposition without administration).
• If administration is necessary, petition for an order of appointment of personal representative.
• If there is a will, petition court for an order admitting will to probate and for appointment of the personal representative.
• File designation of resident agent, if required; oath of the personal representative; and, if required, the agent's bond.
• Obtain Letters of Administration.
• File, publish, and serve notice of administration/notice to creditors.
• Determine extent of checking and savings accounts and open account in name of personal representative in his or her representative capacity.
• After obtaining court order (if before issuance of letters), inventory contents of safe deposit box and see that inventory is filed in the court. Take possession of the box or remove contents entirely, as the situation demands. If the box is released, obtain refund for the keys.
• Examine and study all records of decedent in order to locate and collect all other assets of estate.
• If any assets, real or personal, are outside of the state, determine what must be done with respect to that property.
• Arrange for redirecting of mail.
• Determine whether there are any unpaid salaries or benefits due from the employer of decedent.
• Determine whether there any rights of decedent under stock purchase agreements or stock options that could benefit estate, or deferred compensation.
• Determine if there is insurance of the life of decedent. Collect whatever proceeds are payable to the estate. Often it is desirable to assist the beneficiaries in collecting insurance payable to them.
• Obtain Treasury Form (life insurance statement for a decedent) for each insurance policy, to be filed with the federal estate tax return if one is required.
• Determine whether estate is entitled to any death benefits under the Social Security Act, Veterans acts, or any pension or profit-sharing plan.
• Obtain information on all other non probate assets such as inter vivos trusts, joint tenancies, annuities, inter vivos gifts, Totten trusts, and property subject to power of appointment.
• Determine whether expenses of last illness are to be paid in part by accident and health policies or hospitalization insurance. If so, make collection.
• Determine all sums due to estate on any promissory notes, loans, or accounts receivable.
• If decedent was in a partnership, study terms of the partnership agreement governing the death of a partner. Determine how best to handle decedent's interest.
• If decedent left a going business, determine whether it should be liquidated and, if so, how.
• If business is to continued, make plans for continuation and obtain a court order if needed.
• Prepare inventory of estate and file with court within 60 days of death of decedent. An additional copy must be sent to the Department of Revenue in Tallahassee.
• Obtain services of appraiser when needed.
• Prepare preliminary tax notice and report and file with Florida Estate Tax Division of Department of Revenue, if required.. File Affidavit of No Tax Due, if available to the estate. File Notice of fiduciary relationship (Form 56) with the Internal Revenue Service. Request employer identification number (FormSS-4) for estate.
• Assign the elective share, if necessary.
• Investigate all claims against estate and file timely objections when necessary, and if a lawsuit is commenced by a claimant, defend the estate.
• Analyze assets of estate and estimate needs for liquidity to meet all debts, funeral and administration expenses, and taxes, the family allowance, and monetary legacies; petition the court if required for sale of sufficient assets to meet the requirement of liquidity and for temporary re investment in liquid assets.
• Examine all contracts and leases of decedent. Complete, terminate, or negotiate those contracts and leases.
• If real property is to be sold or leased and if there is no power of sale granted by the will, obtain a court order; then proceed to sell or lease without delay.
• Take steps to collect debts due the estate, including court action where necessary, or effect settlement or abandonment of claims when appropriate and obtain a court order authorizing the action if required.
• Prepare and file decedent's final income tax return or returns, Form 1040.
• Prepare and file U. S. Fiduciary Income Tax Return, Form 1041.
• Prepare and file Florida intangible tax returns and any other tax returns required.
• Prepare and file interim accountings if appropriate. Rule 5.345.
• Make partial distribution of personal property if not needed for payment of debts of estate, funeral expenses, administration expenses, taxes, and monetary legacies. (Be careful that the distribution does NOT carry out distributable net income).
• Obtain transfer of title of automobile to the beneficiary. F.S. 732.402(2)(b).
• Pay promptly all claims against the estate property filed to which no objection was made. Claims bear interest after five months from the first publication of notice of administration.
• Prepare and file federal estate tax return (Form 706) within nine months after date of death. For a U. S. citizen or resident, if the value of the gross estate (less adjustments for certain gifts) is over $1,500,000, also file copy of federal return with the Florida Dept. of Revenue.
• Consider whether apportionment of estate taxes required. If so, collect contributions due from beneficiaries. F. S. 733.817
• Pay administration expenses.
• File notice of termination of fiduciary relationship and obtain closing letter (Form L-154)from IRS in connection with estate tax return.
• Obtain release of personal representative from personal liability for estate tax deficiencies.
• File accounting and petition for discharge within one year from issuance of letters, for estates not required to file a federal estate tax return, or 12 months from the date the federal estate tax return is due. Petition should include a statement in the body or in an attached schedule of the amount of compensation paid or to be paid to the personal representative, attorneys, accountants, appraisers, or other agents employed by the personal representative. Rule 5.4000(b)(4).
• If estate cannot be closed within the time required by law (F.S.733.901), petition for an extension of time. Rule 5.400 ).
• Send copy of final accounting and petition for discharge to all beneficiaries, with a copy of the notice of filing it.
• If no objections to petition for discharge are filed, make final distribution, obtain receipts from all distributees, and file receipts with court. Rules 5.400(d)-(e).
• If objections are filed, obtain order approving final accounting and directing distributions. F.S. 733.901(3); Rule 5.401.
• File report of distribution if made pursuant to court order.
• Obtain order of final discharge.
• Send certified copy of order of final discharge to surety and a copy to each residuary beneficiary.
• Advise all debtors that the obligations have been transferred to new obligees.
• Deliver to the beneficiaries all data not necessary to be retained.




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