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A Florida Probate Provided by Kracht Law Firm, P.A.

What documents does a probate attorney need?

To start, a probate attorney needs the death certificate, the original will and any trust, a list of assets showing how each is titled, information about the family, and any debts, deadlines, or court papers.

For a first meeting, bring what you have; gaps can be filled later. The most useful items are: a death certificate; the original will and any codicils or trust; a list of assets with recent statements showing how each is owned and who the beneficiaries are; deeds for any real estate; the names and addresses of the spouse, children, and beneficiaries; and any bills, collection letters, deadlines, or court papers.

These documents answer the first three questions in every estate: does it need probate, which procedure fits, and who is entitled to what.

The full checklist

About the person who died

  • Certified death certificate
  • Full legal name, date of birth, and the last four digits of their Social Security number (the court asks for these)
  • Address and county of residence at death, which determines where the case is filed (§ 733.101)
  • Marriage, divorce, and prenuptial or postnuptial agreements

Planning documents

  • The original will and any codicils, or the name of the attorney or person holding them. The original must be deposited with the clerk within 10 days after learning of the death (§ 732.901).
  • Any trust and all amendments
  • Powers of attorney and any guardianship papers

Assets

  • Recent statements for every bank, brokerage, and retirement account, showing owners and beneficiaries
  • Life insurance policies and annuities
  • Recorded deeds, mortgage statements, and property tax bills for all real estate, in Florida and elsewhere
  • Vehicle, boat, and mobile home titles
  • Business records, ownership interests, and partnership or operating agreements
  • Any lawsuit, claim, or settlement in which the decedent had an interest

People

  • Names, addresses, and relationships of the spouse, children (including children of a child who died), and every beneficiary named in the will
  • Ages of any beneficiaries who are minors
  • The person who wants to serve as personal representative, and where they live

Debts and deadlines

  • Bills, statements, and collection letters, which help identify creditors who must be served with notice (§ 733.2121)
  • Funeral and last-illness medical bills, and who paid them
  • Foreclosure notices, leases, contracts, or court papers
  • The decedent’s last two years of income tax returns

Why each item matters

  • Ownership and beneficiaries decide which assets need probate at all.
  • Values decide whether summary administration is available; the petition must describe each asset and its estimated value (Fla. Prob. R. 5.530).
  • Family information determines who must receive notice of the case (§ 733.212).
  • Debts determine who must be served with the notice to creditors and what the estate may owe.

An example

A son brings his mother’s death certificate, a copy of her will, a shoebox of statements, and her mortgage bill. From the statements, the attorney sees that her IRA and one savings account name him as beneficiary, but her brokerage account is in her name alone. The copy of the will prompts a call to the drafting attorney, who has the original. With that, the attorney can recommend summary administration for the brokerage account and identify the mortgage lender as a creditor to address.

Common mistakes

  • Waiting to call until every document is found
  • Bringing a copy of the will without trying to find the original
  • Leaving out accounts that “have a beneficiary,” which may still matter if the beneficiary died first
  • Throwing away mail, which often reveals unknown accounts and creditors

Next step

Gather what you can in one folder and write down what is missing and who might have it. Securing the original will comes first.

Related guidance

Sources: Florida Statutes § 732.901, § 733.101, § 733.212, and § 733.2121 (2026); Florida Probate Rule 5.530 (October 15, 2026 edition). Checked on October 23, 2026.

Talk with a Florida probate attorney about your next step.