To get Letters of Testamentary in Florida, you file a petition for administration in the probate division of the circuit court in the county where the decedent lived, deposit the original will with the clerk within 10 days of learning of the death, prove the will is valid, meet the statutory qualifications to serve, and post a bond unless the will or the court waives it. Once the judge is satisfied, the court issues the letters — the document that lets banks, title companies, and government agencies deal with you as the estate’s personal representative. The process runs through Chapter 733 of the Florida Statutes, and the requirements are more specific than most people expect.
What the Letters Authorize
Letters of Testamentary give the personal representative (Florida’s term for an executor) the legal authority to act on behalf of the estate. That includes opening estate bank accounts, liquidating investments, collecting debts owed to the decedent, selling real property, paying creditors, filing tax returns, and distributing what remains to the beneficiaries named in the will. Third parties like banks and brokerage firms will ask for a certified copy of the letters before releasing any funds or information.
The authority comes with a fiduciary duty. Florida law requires the representative to settle and distribute the estate “as expeditiously and efficiently as is consistent with the best interests of the estate,” using their authority for the benefit of all interested persons, including creditors.1The Florida Legislature. Florida Statutes 733.602 – General Duties Breach of that duty can lead to personal liability or removal.
Who Qualifies to Receive Letters
Florida’s eligibility rules are stricter than many states. Any adult Florida resident who is mentally competent qualifies to serve.2Justia. Florida Statutes 733.302 – Who May Be Appointed Personal Representative The complication is when the person named in the will lives outside Florida.
Non-Resident Rules
A non-resident can serve only if they fall into one of a few relationship categories with the decedent: a legally adopted child or adoptive parent, a direct-line blood relative (parent, grandparent, child, grandchild), a spouse, sibling, uncle, aunt, nephew, or niece, someone related by direct bloodline to any of those relatives, or the spouse of anyone who would otherwise qualify.3The Florida Legislature. Florida Statutes 733.304 – Nonresidents A close friend or business partner who lives in Georgia cannot serve regardless of what the will says.
Who Cannot Serve
Even a qualifying resident is barred if they have been convicted of abuse, neglect, or exploitation of an elderly or disabled adult, if they are mentally or physically unable to carry out the duties, or if they are under 18.4The Florida Legislature. Florida Statutes 733.303 – Persons Not Qualified When the person named in the will is disqualified, the court appoints a replacement following the priority order in Section 733.301.
Florida-authorized trust companies, state banking corporations, and national banking associations with fiduciary powers can also serve.5The Florida Legislature. Florida Statutes 733.305 – Trust Companies and Other Corporations and Associations
Deposit the Original Will Within 10 Days
Anyone holding the original will has 10 days after learning of the testator’s death to deposit it with the clerk of the court that has venue over the estate.6The Florida Legislature. Florida Statutes 732.901 – Production of Wills This is a hard deadline. If the custodian fails to deposit the will without good reason, a court can compel production and award the petitioner costs, damages, and attorney’s fees. The clock starts the moment the custodian learns of the death, not when they get around to dealing with probate.
File the Petition for Administration
The formal process begins with a petition for administration filed in the probate division of the circuit court in the county where the decedent lived. The petition identifies the decedent, provides the date of death, names the proposed personal representative, and lists the beneficiaries and known creditors. A certified copy of the death certificate must accompany the filing.
The court filing fee for formal administration is $399, made up of a $395 base fee plus a $4 surcharge on the petition.7Florida Senate. Florida Statutes 28.2401 – Service Charges and Filing Fees in Probate Matters Additional costs for certified copies of the letters, publication of the notice to creditors, and any bond premiums come on top of that.
Prove the Will
Before the court issues Letters of Testamentary, it must be satisfied the will is authentic. Florida recognizes two paths.
A self-proved will is the faster route. If the testator and witnesses signed an affidavit before a notary at the time of execution or afterward, the will can be admitted to probate without any live testimony.8The Florida Legislature. Florida Statutes 732.503 – Self-Proof of Will Most estate planning attorneys include the self-proving affidavit as standard practice. It removes a step that can otherwise delay the process by weeks.
If the will is not self-proved, it can be admitted through the sworn testimony of an attesting witness before a judge, court-appointed commissioner, or the clerk. When the witnesses cannot be found or are incapacitated, the court may accept testimony from the nominated personal representative or a disinterested person who believes the document is the decedent’s true will.9The Florida Legislature. Florida Statutes 733.201 – Proof of Wills If the will is contested or found invalid, the court will not issue letters to the named representative.
Post a Bond Unless It’s Waived
Unless the will specifically waives the bond requirement or the court grants a waiver, every personal representative must post a surety bond before receiving letters. The bond protects beneficiaries and creditors by guaranteeing the representative will faithfully perform their duties.10The Florida Legislature. Florida Statutes 733.402 – Bond of Fiduciary; When Required; Form Banks and trust companies authorized to act as personal representative are exempt.
The court has broad discretion over the bond, and any interested person can petition to have it increased, decreased, waived, or reinstated. The annual premium on a probate bond typically runs between 0.5% and 1% of the bond amount, paid from estate funds. Most well-drafted wills include a bond waiver because the premium reduces what beneficiaries ultimately receive. If you are the named representative and the will does not waive bond, expect this to be an early out-of-pocket expense that the estate later reimburses.
When Letters Aren’t Issued: Summary Administration
Not every Florida estate produces Letters of Testamentary. The state allows summary administration when the value of the estate subject to administration (after subtracting property exempt from creditor claims) is $75,000 or less, or when the decedent has been dead for more than two years.11The Florida Legislature. Florida Statutes 735.201 – Summary Administration Summary administration is faster and cheaper, but no personal representative is appointed, which means no Letters of Testamentary are issued. The court enters an order distributing assets directly to the beneficiaries.
The trade-off is less creditor protection and less court oversight. If the estate has significant debts or complicated assets, formal administration with a personal representative is usually the safer route even when the estate value technically qualifies for the summary process.
What Happens Once the Letters Are Issued
Receiving the letters is the beginning of the job, not the end. Within a short window after appointment, the representative must publish a notice to creditors in a newspaper in the county where the estate is being administered. The notice runs once a week for two consecutive weeks and includes the decedent’s name, the estate file number, the court’s address, and the personal representative’s contact information.12Florida Senate. Florida Statutes 733.2121 – Notice to Creditors; Filing of Claims Creditors then have three months from first publication to file claims, or 30 days from direct service for creditors who must be individually notified, whichever is later.13The Florida Legislature. Florida Statutes 733.702 – Limitations on Presentation of Claims Claims not filed within those windows are barred.
The representative also serves a formal notice of administration on beneficiaries. That notice triggers important deadlines, including a surviving spouse’s window to elect an elective share, which is six months from the date of service or two years from the date of death, whichever comes first.14The Florida Legislature. Florida Statutes 733.212 – Notice of Administration; Filing of Objections
A verified inventory of probate estate property must be filed with the court, valued at fair market value as of the date of death.15Florida Senate. Florida Statutes 733.604 – Inventories and Accountings “Verified” means the representative signs under oath that the inventory is accurate. Property with beneficiary designations, jointly held accounts with rights of survivorship, and assets in a trust pass outside probate and don’t appear here. Beyond the inventory, the representative safeguards estate property, collects debts owed to the decedent, keeps insurance on real property, and maintains detailed records of every transaction.
Tax filings are the representative’s personal responsibility. That includes the decedent’s final individual income tax return for the year of death and any unfiled returns from prior years. If the estate earns more than $600 in gross income during administration, the representative must also file Form 1041, the estate income tax return.16Internal Revenue Service. Publication 559, Survivors, Executors, and Administrators A federal estate tax return (Form 706) is required only if the gross estate plus adjusted taxable gifts exceeds the basic exclusion amount, which for decedents dying in 2026 is $15,000,000.17Internal Revenue Service. Estate Tax Most estates fall well below that figure, but the gross estate for this test includes life insurance proceeds and retirement accounts that are not part of the probate estate, so the calculation still has to be run.
Request several certified copies of the letters at the time of issuance. Every bank, brokerage, and title company that holds an estate asset will want its own original, and going back to the clerk for more later slows everything down.