Probate

Probate is the legal process through which a deceased person's assets are distributed to the heirs or beneficiaries, per the wishes of the deceased as stated in The Last Will and Testament or if there is no will, according to Florida Law. The Court oversees the estate to ensure that all debts are paid and assets are properly distributed. Probate is needed when a court order is required to transfer ownership of the deceased's properties or to distribute the assets of the estate. Probate may not be needed if all assets were jointly held and one of the joint holders is the survivor.

Probate matters are governed by the laws of the State of Florida (Florida Statutes) and the Florida Probate Rules of Procedure.

Examples of Probate Matters

Probate matters include:

  • Caveat
  • Disposition of Personal Property
  • Estates (when there are assets to be distributed).
  • Notice of Trusts
  • Safe Deposit
  • Trusts
  • Wills (not filed until the death of the party).

Seniors Versus Crime (SVC)

Seniors Versus Crime is a non-profit organization that operates as a special project of the Florida Attorney General's Office. The Project was founded in 1989 by Ret. Colonel Vern C. Thornton of the Broward County Sheriff's Office at the direction of the then Attorney General Robert Butterworth. The primary goal of the Project is to reduce the victimization of senior citizens who are often targeted for specific crimes or scams based on their age. 

The Project accomplishes this goal by: 

  • Providing various educational and crime prevention programs to senior citizen groups
  • Investigating complaints and seeking restitution in respect of complaints made by seniors
  • Providing investigative agencies with senior volunteers to assist them with specific investigations

Forms

Please read the instructions for the forms that you are downloading. Additional forms may be needed depending on your situation.

Note: The forms supplied by the Clerk's office are general in nature and may not meet your specific needs. The Clerk does not guarantee the legal sufficiency of these forms; therefore, you may need to consult with an attorney regarding your particular situation.

Instructions:

  1. Disposition of Personal Property (PDF)

Forms:

  1. Disposition of Personal Property Without Administration (PDF)
  2. Consent and Waiver of Interested party DPP