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Office Directory

Probate/Guardianship

Frequently Asked Questions:
My husband just died, do I have to bring his will?
F.S. 732.901 Production of Wills: The custodian of a Will must deposit the Will with the Clerk of the Court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.
How do I avoid Probate?
You must see your attorney and advise him of your financial situation in order to preserve your assets and have them distributed as you desire.
Does the state get your money if you do not leave a will?
F.S. 732.107 - Escheat: When a person leaving an estate dies without being survived by any person entitled to it, the property shall escheat to the State.
If I have a claim on a decedent's estate, how do I collect?
Claim forms are available from the Clerk's Office and must be filed in duplicate within three (3) months from the date of the first publication of the Notice of Administration.
Is there a charge to file a claim against an estate in Probate?
No, there is no fee for filing a claim.
Where is the proper place to Probate an estate?
F. S. 733.101 Venue of Probate Proceedings: The venue of Probate of all Wills and granting of Letters shall be in the county in the state where the decedent had his domicile.
Can I deposit my will with the court?
No, a will cannot be deposited with the Court before the death of the testator.
I am a creditor of a person who is missing and I understand a conservatorship has been opened. Can I file a claim?
No. You should contact the Conservator of the property of this missing person. The same would apply to a Curatorship or Guardianship.
What do I need to obtain a court order so that the money in a bank account belonging to my deceased husband can be released to me?
Call the county in question about the requirements for a small estates letter.
Why do I need a copy of the paid in full funeral bill?
Because the purpose of the Small Estates department is to reimburse the person who has paid the funeral bill.
What is the cost of a certified copy?
Certified copies cost $1.00 per page for copying and $2.00 to certify the entire document. So, a certified copy of a one page document would be $3.00, a three page document $5.00 and so on.
Can small estates release cars?
Yes, if there is/are no liens.
What are the requirements for a small estate letter?
Decedent must have been a resident of Hernando County, Death Certificate(s) for each person on account (must accompany the affidavit), Last Will and Testament (original), Last Bank Statement or Copy of Bonds/Check (whichever applies, must have name and address for recipient of letter, the amount and account numbers on letterhead or correspondence), Paid Funeral Bill, Valid Driver's License or State Identification Card (for person filling out the form), and $231.00 Filing Fee. TOTAL ASSETS CANNOT BE MORE THAN $5,000.00 AND CANNOT BE REAL PROPERTY.
I think my father passed away recently in Hernando County. I hadn't spoken to him in 10 years, how do I find out if his will or death certificate is filed there?
Record Searches are $2.00 per year payable in advance or you can visit the Clerk's Office and utilize one of the public access terminals available to the public at no charge.
Is there a fee for depositing a will?
No.
What does "probating an estate" mean?
This is a legal process provided for by Florida law which determines the value of a deceased person's property and its distribution to heirs.
Where should Probate proceedings take place?
Proceedings are held in the Circuit Court of the county where the deceased was domiciled or owned property.
Why is Probate necessary?
Probate is necessary to collect and determine the estate's assets and to protect the assets of the estate, to provide a means of converting assets to cash to distribute to beneficiaries or to pay creditors/taxes, to determine who is entitled to share in the estate and to distribute the property to the proper parties.
What happens if a person dies and has left no will?
The property will be distributed in accordance with Florida law.
I had my will drawn in another state. Is it valid in Florida?
Most wills are valid in the State of Florida, even if the decedent is a resident of another state or country. However, there are certain standards which must be complied with.
If someone dies owing me money, can I file a claim against his estate?
Yes. You will need to file a Statement of Claim. This form is available from the Clerk in the Probate Division. The claim must be filed after the Notice of Administration is published and before the time period is expired. The time period is usually ninety (90) days.
Can anyone become a guardian?
There is a program designed to help guardians understand some of the basics involving guardianships. This program is offered by The Hernando County Guardianship Program, Inc. Their telephone number is (352) 683-0718.
Are guardians' qualifications reviewed by the court?
Yes, the judge reviews all guardians' qualifications. Potential guardians must have a background check for criminal history, including a fingerprint screening completed, as well as a credit check.

Hernando County Courthouse, 20 N Main St. Brooksville FL, 34601