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Probate – Frequently Asked Questions

NOTE: Florida law prevents staff of the Lake County Clerk’s Office from providing legal advice. The information, forms, and documents contained on this website are provided to help those seeking to represent themselves without the assistance of an attorney and are meant to serve as a guide only.

We do not guarantee that the information provided will achieve the result you desire. If you are using the forms or documents provided on this website, you do so at your own risk.

What is a living will and is it deposited with the Clerk?

A living will, sometimes called an advanced directive, is a document in which an individual expresses his or her desires concerning life-prolonging procedures. This document is not deposited with the Clerk’s Office.

What happens if a person dies and has left no will?

An estate which needs to be probated, but for which the decedent left no will is called an intestate estate, and will be distributed in accordance with the applicable statutory provisions.

What must accompany the form for filing a disposition of personal property without administration?

  • The will, if the decedent had one.
  • A certified copy of the death certificate.
  • A copy of the funeral bill, indicating if it has been paid and who paid it.
  • A statement regarding the type of assets to be released and the company or institution currently in possession of the assets.
  • A photo ID of the person filing the paperwork.
  • Filing fees will be assessed if approved by the judge. The current fees are available on our website, or by calling the Probate, Guardianship, and Mental Health Section at the Clerk’s office at (352) 742-4122.

What are the different types of proceedings?

The following are the different types of proceedings for probate.

Disposition of Personal Property without Administration:

Disposition of Personal Property without Administration may be filed when the decedent left only personal property exempt from probate under Section 737.402, Florida Statutes, and left non-exempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.

Summary Administration:

Summary Administration may be filed when the value of the entire estate does not exceed $75,000, or the decedent has been dead for more than two (2) years.

Formal Administration:

Formal Administration is administration other than summary administration. A personal representative is appointed, and letters of administration are issued so that he or she may complete the administration of the estate.

When is probate needed?

Probate is necessary when a court order is required to transfer or distribute the assets of the estate.

When and where should a will be deposited?

The custodian of the will must deposit the will with, and supply the testator’s date of death or social security number to, the Clerk of the Court in the county in which the person was a legal resident within ten days after receiving information that the testator is dead.

What is a will?

A will is a document by which a person directs his or her estate to be distributed upon death.

What is probate?

Probate is a legal process through which the assets of a deceased person are properly disposed. The Court oversees the estate to make sure debts are paid and proper distribution is made.
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