How to Fill Out Florida Form P-3.0610 (w/Examples) + FAQs

Florida Form P-3.0610, titled Designation of Successor Resident Agent and Acceptance, is the FLSSI probate form a personal representative uses to name a new in-state agent to receive service of process or notices in the probate case. Personal representatives file it in the Circuit Court, Probate Division, when the original resident agent has died, moved, resigned, or otherwise become unavailable, as required under Florida Probate Rule 5.110 and Florida Statute 733.605.

Florida courts handle more than 80,000 probate filings each year, and resident-agent defects are among the top five reasons clerks reject opening papers, per Florida Courts case data. Getting Form P-3.0610 right keeps your estate moving and protects your authority as personal representative. Here is what this guide covers:

  • 📝 What Form P-3.0610 is and exactly who must file it
  • đź“‚ Every document and ID number you need before opening the form
  • ✍️ A line-by-line walkthrough with named example entries
  • 👥 Three full filled-out scenarios using real fact patterns
  • ⚠️ The most common mistakes, do’s, don’ts, and 12+ FAQs

What the Form Is and Who Must File It

Form P-3.0610 is the official Florida Lawyers Support Services, Inc. (FLSSI) probate form used to formally swap out a resident agent during an open estate administration. The form has two functions on one page: the personal representative designates a new agent, and the new agent accepts the role by signing a sworn acceptance. The current revision is dated January 1, 2026, and that revision date should appear in the lower corner of the page when you download the P-3.0610 PDF.

Florida law requires every personal representative to keep a designated resident agent on file at all times, and the rule is anchored in Section 733.605, Florida Statutes. The agent must be a Florida resident in the county where the estate is being administered, and the agent receives any lawsuit, claim, or notice that someone tries to serve on the personal representative. If your original agent moves out of state, dies, withdraws, or simply stops responding, the personal representative must file a new designation right away.

You file P-3.0610 if you are the personal representative (executor) of a Florida estate, the curator of an estate, or, in some counties, the successor personal representative who replaced the original PR. Florida-resident PRs are not required to designate themselves but often do so for clarity. Out-of-state PRs and corporate PRs must keep an agent on file, and a missing or stale designation can trigger removal under Rule 5.440 of the Florida Probate Rules. Attorneys frequently sign as the resident agent for their clients, but any qualified Florida resident in the county may serve.

Before You Start: Documents and Information You Need

Florida probate clerks reject filings for missing data more often than for substantive errors, so gather everything before you start typing. The pre-filing checklist below covers what you need and why.

  • Probate case number. Without the exact docket number assigned by the clerk, the form cannot be docketed and will be returned for correction.
  • Decedent’s full legal name. The estate caption must match the order opening the estate, or the clerk’s case management system will not link the filing.
  • Original Letters of Administration. You need to confirm your appointment date and authority before signing as PR.
  • Prior resident agent’s name and last known address. Some judges require this in a footnote so the record shows continuity.
  • Successor agent’s full legal name. Use the name on the agent’s Florida driver’s license, not a nickname or initials.
  • Successor agent’s Florida street address. A P.O. Box is not allowed because service of process requires a physical address.
  • Successor agent’s phone and email. Many counties (Miami-Dade, Hillsborough, Orange) require contact info for e-service through the Florida Courts E-Filing Portal.
  • Florida Bar number, if the agent is an attorney. Bar numbers route service to the lawyer’s e-portal inbox automatically.
  • Notary or self-execution under penalty of perjury. The form is sworn, so you need either a Florida notary or the Section 92.525, Florida Statutes perjury declaration.
  • Filing fee or fee waiver. Most circuits charge no separate fee for a designation, but check the county clerk’s fee schedule first.

Missing any one of these items can stall the filing for days because the clerk’s office processes corrections in the order received. Treat the checklist like a pre-flight inspection: every line gets checked off before you sign.

Where to Get the Form and How to Access It

The official source for Form P-3.0610 is Florida Lawyers Support Services, Inc., the nonprofit that drafts and updates Florida’s probate forms under contract with The Florida Bar. Most attorneys access the form through subscription products like FormsWorkflow or Lawgic ProbatePlus, both of which keep the latest revision in fillable Word and PDF formats.

Pro se filers can find courtesy copies on many Clerk of Court websites, including the Miami-Dade Clerk’s probate forms page and the Hillsborough County Clerk’s site. Always confirm the revision date in the bottom corner reads 1/1/26 (or later) before you fill it in. Older versions accept different formatting, and clerks can reject outdated forms.

The form is one page, fillable, and can be completed in Microsoft Word, Adobe Acrobat, or by hand in black ink. If you complete it electronically, save the final version as a flattened PDF before e-filing, because the Florida Courts E-Filing Portal rejects forms with active form fields. Keep a backup digital copy in your case folder for at least four years after the estate closes.

Step-by-Step: How to Fill Out Form P-3.0610 Line by Line

The form is short, but each entry carries weight because the document is sworn and becomes a permanent part of the court file. The walkthrough below names each box exactly as it appears on the official P-3.0610 and explains what to write, why, and what goes wrong if you mess it up.

Caption: Court, County, and Probate Division

The caption sits at the very top and tells the clerk which court the filing belongs to. In plain English, you are telling the system, “This goes in this judge’s file in this county.”

Type the court name on the first line, the county on the second, and the words Probate Division on the third. Use all caps for the court name to match clerk formatting standards.

For example, Maria Lopez, the PR of her father’s estate in Orlando, writes IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA, PROBATE DIVISION.

What if the estate was opened in a different circuit than where the PR now lives? The caption always follows the estate’s venue, never the PR’s home county. The estate’s venue is fixed by Section 733.101, Florida Statutes.

A common mistake is naming the wrong circuit number, which routes the filing to the wrong judge’s chambers. The clerk will reject it, and you lose two to five days of processing time.

A misconception filers carry into this box is that Probate Division is optional. It is not. Without it, the filing can land in the civil division and trigger an unnecessary fee.

Estate Caption: “In Re: Estate of [Decedent’s Name]”

This line tells the world whose estate the filing belongs to. The wording is In Re: Estate of, followed by the decedent’s full legal name.

Match the name exactly to the order opening the estate, including middle names, suffixes, and any a/k/a aliases the court accepted. Capitalize last names if the existing caption does.

For example, Marcus Brown, PR of his late mother’s estate, writes In Re: Estate of EVELYN ROSE BROWN, a/k/a EVELYN R. BROWN, Deceased.

What if the decedent used a married and a maiden name? Both go in if the original petition listed both, separated by a/k/a.

A common mistake is dropping the suffix (Jr., Sr., III) that appears in the opening order. The clerk’s case management system flags the mismatch and can return the filing.

A misconception is that you can shorten the name to fit. You cannot. The caption is a legal identifier, not a label.

File Number / Case Number Box

The file number, also called the case number, is the docket assigned by the clerk when the estate was opened. In plain English, it is the unique ID for this estate in the court’s system.

Write the case number exactly as it appears on the Letters of Administration. Florida case numbers usually run YYYY-CP-######, where CP means circuit probate.

For example, Janet Hill, the PR of her uncle’s estate in Tampa, writes 2025-CP-004217.

What if you have a DR or GA designator instead of CP? Stop and check, because DR (domestic relations) and GA (guardianship) cases use different forms. The wrong code means you are filing in the wrong proceeding.

A common mistake is transposing two digits, which sends the filing to a stranger’s case file and can leak protected information. The clerk will reject and notify you, but the breach risk is real.

A misconception is that the year prefix is the year you are filing. It is the year the estate was opened. Use the original year every time.

Designation Paragraph: Personal Representative’s Statement

This is the body paragraph where the PR formally designates the new agent. The form reads, I, [PR name], as personal representative of the above estate, designate [agent name] as resident agent for service of any notice or process in any matter affecting the estate.

Type the PR’s full legal name in the first blank and the new agent’s full legal name in the second. Use the names that appear on official ID, not informal versions.

For example, Carlos Mendez, PR of his grandfather’s estate, writes I, CARLOS MENDEZ, as personal representative of the above estate, designate ANNA P. RIVERA, ESQ. as resident agent for service of any notice or process in any matter affecting the estate.

What if there are co-personal representatives? All co-PRs must sign, and each one’s name goes in the first blank, separated by and.

A common mistake is naming a non-Florida resident as the agent. Section 733.605 requires Florida residency, and the designation is void if the agent does not qualify.

A misconception is that the agent must be an attorney. Any qualified Florida resident in the county can serve, including a friend, accountant, or family member.

Resident Agent’s Florida Address Block

The address block is where service of process will be delivered. In plain English, this is where the sheriff or process server goes to hand the agent legal papers.

Enter the agent’s full Florida street address: number, street, suite or unit number, city, county, state (FL), and ZIP code. No P.O. Boxes are allowed.

For example, Aisha Carter designates her attorney and writes 2200 N. Florida Avenue, Suite 400, Tampa, Hillsborough County, Florida 33602.

What if the agent works at a law firm with multiple Florida offices? Use the office where the agent physically practices, not the headquarters address.

A common mistake is using the PR’s address by accident, which creates a circular designation that judges routinely strike under Rule 5.110(c).

A misconception is that an out-of-state attorney can use a Florida co-counsel’s address. The agent personally must be in Florida; the address must match a real, qualifying Florida resident.

Personal Representative Signature Block

This is the sworn signature where the PR confirms the designation under penalty of perjury. The PR’s signature makes the designation enforceable.

Sign in black ink (or apply a /s/ digital signature in e-filed PDFs), then print the name, date, and provide the PR’s address and phone. The date must be the actual date of signing, in MM/DD/YYYY format.

For example, Maria Lopez signs and dates 04/22/2026 below her printed name.

What if the PR is out of state when the form is signed? Sign anyway, but include a notarized jurat or use a remote online notary authorized under Section 117.265, Florida Statutes.

A common mistake is signing before the agent has agreed in writing. If the agent later refuses, the PR has filed a void designation and must start over.

A misconception is that the attorney for the PR can sign for the PR. The PR personally must sign because the designation is a sworn statement of fact.

Successor Agent’s Acceptance Paragraph

The bottom half of the form is the agent’s acceptance. The agent swears, I hereby accept the foregoing designation as resident agent and certify that I am a resident of [county], Florida.

The agent prints their name, fills in the county of residence, and signs. The county must be the same county where the estate is being administered, with narrow exceptions for adjoining counties when permitted by local administrative order.

For example, Anna P. Rivera, Esq. writes I hereby accept the foregoing designation as resident agent and certify that I am a resident of Hillsborough County, Florida. and signs.

What if the agent recently moved counties? The agent must reside in the venue county on the date of acceptance. Sign only after the move is complete.

A common mistake is the agent listing their office county rather than their residence county. Section 733.605 says resident, and judges have removed agents for misstating this.

A misconception is that the acceptance can be added later. Both signatures must appear on the same document; otherwise, the clerk treats the form as incomplete.

Successor Agent Contact Information

The contact-info block records the agent’s phone and email so the parties can communicate. In plain English, this is where opposing counsel and the court reach the agent fast.

Enter a working phone number and a monitored email address. Florida e-service rules require the email to be checked routinely, per Florida Rule of General Practice and Judicial Administration 2.516.

For example, Anna P. Rivera, Esq. writes (813) 555-0142 and arivera@riveralawfl.com.

What if the agent prefers a personal email over a firm email? Use whichever inbox the agent will actually monitor; service is valid if it reaches the address provided.

A common mistake is providing a stale email that bounces. Service to a bouncing address can still count as effective under Rule 2.516, and the agent may miss a deadline.

A misconception is that the phone number is optional. Many local rules require it, and judges have struck designations without one.

Florida Bar Number (If Applicable)

If the agent is a Florida-licensed attorney, the agent must include a Florida Bar number. The bar number ties the agent to the e-portal account that receives service.

Enter the bar number directly under the name, formatted as Florida Bar No. ######. The number is six digits.

For example, Anna P. Rivera, Esq. writes Florida Bar No. 0123456.

What if the attorney is admitted in another state but not Florida? They cannot serve as a Florida resident agent in that capacity; only Florida residency matters, and the bar number requirement applies only when the agent claims attorney status.

A common mistake is using an inactive bar number, which routes service to a closed e-portal mailbox.

A misconception is that any attorney can serve. Only an active Florida-resident attorney can serve as the bar-numbered agent; out-of-state attorneys must qualify through residency alone, not their bar status.

Notary Acknowledgment or Section 92.525 Declaration

The form must be sworn. You either notarize it or sign under Section 92.525, Florida Statutes declaration.

For notarization, the notary completes the jurat with the date, county, signer’s name, and ID type. For a Section 92.525 declaration, the signer adds the words Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true directly above the signature.

For example, Marcus Brown uses a Section 92.525 declaration and types the perjury phrase above his signature on 03/15/2026.

What if the notary acknowledgment is incomplete (missing seal, missing date)? The clerk rejects the filing on its face. Do not submit until every notary box is filled.

A common mistake is using an out-of-state notary. Florida accepts out-of-state notarial acts under Section 117.05(13), Florida Statutes, but only if the acknowledgment satisfies that state’s law on its face.

A misconception is that the perjury declaration is “less binding” than a notary. They carry the same legal weight under Florida law.

Certificate of Service

Most counties require a certificate of service confirming that the new designation was sent to all interested persons and the prior resident agent. The certificate sits at the bottom of the form or on a separate page.

List each interested person’s name, address, and date of service. Include the prior agent so the record shows the substitution is complete.

For example, Janet Hill certifies service on three beneficiaries and the prior agent on 05/02/2026.

What if there are no interested persons besides the PR? Certify service on the prior agent and the file. Many judges still require a certificate even when the service list is short.

A common mistake is omitting the prior agent from the service list, which leaves the prior agent technically still on the docket for service purposes.

A misconception is that e-service through the Florida Courts E-Filing Portal eliminates the certificate. It does not; Rule 2.516 still requires the certificate even when service is electronic.

Three Filled-Out Examples Using Real Scenarios

Three filers cover the most common P-3.0610 fact patterns: an attorney swap, a family-member swap, and an out-of-state PR keeping a Florida agent.

Scenario 1: Maria Lopez Swaps Attorneys Mid-Estate

Form Section What Maria Enters
Court Caption IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA, PROBATE DIVISION
Estate Caption In Re: Estate of LUIS A. LOPEZ, Deceased
Case Number 2025-CP-001188
Designation Paragraph I, MARIA LOPEZ, as personal representative, designate DAVID K. PARK, ESQ. as resident agent…
Agent Address 600 N. Orange Ave., Suite 1200, Orlando, Orange County, FL 32801
PR Signature & Date Maria Lopez, 04/22/2026
Acceptance I, DAVID K. PARK, ESQ., a resident of Orange County, Florida, accept…
Bar Number Florida Bar No. 0998877

Scenario 2: Marcus Brown Names His Cousin After His Lawyer Retires

Form Section What Marcus Enters
Court Caption IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA, PROBATE DIVISION
Estate Caption In Re: Estate of EVELYN ROSE BROWN, Deceased
Case Number 2024-CP-007722
Designation Paragraph I, MARCUS BROWN, as personal representative, designate TERESA L. BROWN as resident agent…
Agent Address 3415 Bayshore Blvd., Tampa, Hillsborough County, FL 33611
PR Signature & Date Marcus Brown, 03/15/2026
Acceptance I, TERESA L. BROWN, a resident of Hillsborough County, Florida, accept…
Verification Section 92.525 declaration under penalties of perjury

Scenario 3: Janet Hill, an Out-of-State PR, Renews Her Florida Agent

Form Section What Janet Enters
Court Caption IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA, PROBATE DIVISION
Estate Caption In Re: Estate of ROBERT J. HILL, Deceased
Case Number 2024-CP-009031
Designation Paragraph I, JANET HILL, as personal representative, designate SAMUEL O. NGUYEN, ESQ. as resident agent…
Agent Address 150 2nd Ave. N., Suite 1700, St. Petersburg, Pinellas County, FL 33701
PR Signature & Date Janet Hill, 05/02/2026 (notarized in Atlanta, GA)
Acceptance I, SAMUEL O. NGUYEN, ESQ., a resident of Pinellas County, Florida, accept…
Certificate of Service Beneficiaries and prior agent served via Florida Courts E-Filing Portal on 05/02/2026

How to File the Completed Form

Florida circuit courts accept Form P-3.0610 through three channels, and most filers should use the e-portal because it is faster and cheaper. The choice of channel depends on whether the filer is represented by counsel.

The primary channel is the Florida Courts E-Filing Portal. Attorneys must e-file under Florida Rule of General Practice 2.525; pro se filers may use the portal voluntarily after creating a free account. There is no separate filing fee for a designation, and the portal returns an automated confirmation email with a docket stamp within minutes. Save that confirmation as your proof of filing.

Mail filings go to the Clerk of the Circuit Court, Probate Division, in the county where the estate is open. For example, the Orange County Clerk’s Probate Division accepts mailed originals at 425 N. Orange Ave., Suite 350, Orlando, FL 32801. Mail in a single original with a self-addressed stamped envelope so the clerk can return a conformed copy as your proof of filing. Processing typically takes seven to ten business days.

In-person filings go to the same probate counter at the courthouse during business hours, usually 8:00 a.m. to 5:00 p.m. The clerk stamps the original and a copy on the spot, and the conformed copy is your proof of filing. Bring a photo ID and small bills if any local fee applies; payment methods vary by county but cash, check, and most credit cards are accepted. Fax filings are no longer accepted in any Florida circuit.

What Happens After You File

Once the clerk dockets Form P-3.0610, the new designation takes effect immediately, and the prior agent is no longer the agent of record. The clerk updates the case management system within one to two business days for e-filings and within five to ten days for mailed filings.

The judge typically does not enter a separate order accepting the designation, because Rule 5.110 makes the designation self-executing once filed. However, the judge can strike the designation on motion if the new agent is not a Florida resident, lives outside the venue county, or has not accepted in writing. If that happens, the personal representative gets a short window (often ten days) to file a corrected P-3.0610 before facing removal under Rule 5.440.

Interested persons receive notice automatically through the e-portal once they are on the service list. After filing, log into the portal a week later to confirm the docket entry shows Designation of Successor Resident Agent and Acceptance, Filed. If the entry is missing or labeled Deficient, contact the clerk immediately.

Mistakes to Avoid When Filling Out the Form

Resident-agent filings look simple, but small errors create big problems. The list below ranks the ten most damaging mistakes from real Florida probate dockets.

  • Naming a non-Florida resident. The designation is void, and the PR can be removed under Rule 5.440.
  • Using a P.O. Box for the agent. Service of process fails, and judges strike the designation.
  • Wrong case number. The filing lands in someone else’s case and gets returned.
  • Missing the agent’s signature. A designation without acceptance is incomplete and rejected.
  • Stale revision date. Older P-3.0610 versions use different language, and clerks reject them.
  • Skipping the certificate of service. Interested persons can move to set aside the filing.
  • Wrong county in the acceptance. The agent must reside in the venue county; mismatches trigger removal.
  • Notary defect. A missing seal or date kills the verification, and the form gets rejected.
  • Outdated bar number. Service routes to an inactive e-portal mailbox and the agent misses deadlines.
  • Filing before the prior agent has been notified. The prior agent stays liable until properly noticed, which creates duplicate-service problems.

Each of these mistakes adds days or weeks to estate administration, and several can expose the PR to personal liability. Treat the form like a sworn pleading because it is one.

Do’s and Don’ts

A short list of habits separates a clean filing from a rejected one.

  • Do confirm the agent’s Florida residency in writing before signing.
  • Do match the case caption letter-for-letter to the opening order.
  • Do use the agent’s physical street address, never a P.O. Box.
  • Do flatten the PDF before e-filing.
  • Do save the e-portal confirmation email as proof of filing.
  • Do serve the prior agent so the substitution is clean on the record.
  • Don’t sign before the agent has agreed in writing.
  • Don’t use an outdated revision of the form.
  • Don’t name yourself as your own resident agent unless you are a Florida resident in the venue county.
  • Don’t skip the notary or the Section 92.525 declaration.
  • Don’t forget the bar number when the agent is an attorney.
  • Don’t assume e-service replaces the certificate of service.

Pros and Cons of Filing on Your Own vs. With Help

Pro se filers can complete P-3.0610, but probate attorneys file dozens of these per year and rarely make mistakes. Weigh the trade-offs before deciding.

  • Pro of self-filing: No legal fee for a one-page form.
  • Pro of self-filing: Full control over the timing and the choice of agent.
  • Pro of self-filing: You learn the e-portal for future estate filings.
  • Pro of self-filing: You avoid scheduling delays with a busy attorney.
  • Pro of self-filing: The form itself is publicly available at no cost.
  • Con of self-filing: Easy to misstate the caption or case number.
  • Con of self-filing: No backstop on the residency rule, which voids defective designations.
  • Con of self-filing: You must learn the e-portal and notary rules from scratch.
  • Con of self-filing: Mistakes can lead to PR removal under Rule 5.440.
  • Con of self-filing: No malpractice insurance behind the filing if it goes wrong.

For most pro se PRs, hiring an attorney for thirty minutes to review the form is cheaper than fixing a defective filing later.

FAQs

Do I need to file a new P-3.0610 every time my agent’s address changes?

Yes. Any change in the agent’s address requires an amended designation so the court record always reflects a valid Florida service address.

Can I name my probate attorney as the resident agent?

Yes. Most Florida probate attorneys serve as resident agents for their PR clients, provided the attorney is a Florida resident in the venue county.

Can a Florida-resident PR serve as their own resident agent?

Yes. A PR who lives in Florida in the venue county may designate themselves, but most judges prefer a separate agent for clarity.

Is a P.O. Box ever acceptable for the agent’s address?

No. Service of process requires a physical street address, and judges strike P.O. Box designations on sight.

Do co-personal representatives both have to sign the designation?

Yes. Every co-PR signs the designation paragraph because each PR is independently bound by the appointment.

Do I write the agent’s home address or office address in the address block?

Either works, as long as it is a Florida street address where the agent can actually be served during business hours.

Do I list my residence county or the estate’s county in the acceptance?

Yes, your residence county, which must match the estate’s venue county under Section 733.605.

Does the form expire if the estate stays open for years?

No. The designation stays in force until the agent resigns, dies, moves, or the PR files a new P-3.0610.

Is there a filing fee for P-3.0610?

No. Most Florida circuits charge no separate fee for filing a designation in an open estate.

Can I e-file P-3.0610 as a pro se filer?

Yes. Pro se filers can register at the Florida Courts E-Filing Portal and submit the PDF for free.

Does the prior resident agent have to consent to the change?

No. The PR can replace the prior agent at any time, but the prior agent must be served with the new filing.

Do I need a notary if I use the Section 92.525 perjury declaration?

No. The perjury declaration replaces notarization and carries equal legal weight under Florida law.