How to Fill Out Florida Form P-3.0801 (w/Examples) + FAQs

Florida Form P-3.0801 is the official Notice of Administration (Intestate) that the personal representative of a Florida estate must serve on the surviving spouse, beneficiaries, trustees of any revocable trust, and certain other interested persons after a probate case opens for someone who died without a valid will. The form, published by Florida Lawyers Support Services, Inc. and approved for use under Florida Probate Rule 5.240, starts the strict three‑month clock for objections to venue, jurisdiction, and the qualifications of the personal representative.

Filing this notice incorrectly is not a paperwork hiccup. According to the Florida Courts Annual Report, more than 95,000 probate cases are filed in Florida each year, and probate clerks routinely report that defective notices of administration are one of the top three reasons formal estates stall past the 12‑month closing target.

  • 📜 What Form P‑3.0801 is, who must serve it, and the statute behind it
  • 🧾 Every box, blank, and signature line on the form, in plain English
  • 👨‍👩‍👧 Three named, real‑world examples filled out from start to finish
  • ⏱️ Deadlines, fees, filing channels, and the proof you must keep
  • 🚫 The most common mistakes that get notices rejected or estates reopened

What Form P-3.0801 Is and Who Must File It

Florida Bar Form P‑3.0801, Notice of Administration (Intestate), is the formal court notice that tells every interested person an intestate probate estate has been opened in a Florida circuit court. It is published by Florida Lawyers Support Services and is the version cited inside the LexisNexis Florida Estates Practice Guide as the controlling form for intestate notices.

The personal representative (sometimes called the executor in other states) is the person required to serve this notice. The duty is created by Florida Statute § 733.212, which says the personal representative shall promptly serve a copy of the notice of administration on the decedent’s surviving spouse, beneficiaries, the trustee of any trust described in §733.707(3), and each person who may be entitled to exempt property.

Form P‑3.0801 is the intestate version, used when the decedent left no valid will. The companion form, P‑3.0802, is used when the decedent died testate (with a will). Choosing the wrong version is a common error and forces the personal representative to re‑serve the notice and restart the objection clock.

The form solves a constitutional due‑process problem. Florida cannot bar an heir’s claim against an estate unless that heir gets fair notice and a fair chance to object. The notice does that work. The direct consequence of failing to serve it is that the three‑month bar in §733.212(3) never starts running, leaving the estate exposed to late objections and re‑opened distributions for years.

Before You Start: Documents and Information You Need

Before opening Form P‑3.0801, gather every fact and document below. Missing even one item creates a defective notice that a probate judge can strike on motion under Florida Probate Rule 5.040. Have the items in front of you so the form can be completed in one sitting.

  • Certified death certificate. You need the decedent’s exact legal name and date of death; an unredacted certified copy is filed separately with the clerk per the Eleventh Circuit probate checklist.
  • Probate file number. The clerk assigns this when the Petition for Administration is filed; without it, the notice cannot be matched to the case and will be rejected at intake.
  • County and division. The notice must name the correct circuit court county (the decedent’s domicile at death) and the probate division code; venue mistakes void the notice under §733.101.
  • Personal representative’s full legal name and address. This must match the Letters of Administration exactly, because creditors and heirs cross‑check.
  • Attorney’s name, Florida Bar number, email, and office address. Required by Florida Rule of Judicial Administration 2.516 for designation of email service.
  • List of every interested person to serve. Surviving spouse, all heirs at law under §732.103, trustees of any §733.707(3) trust, and persons entitled to exempt property; missing one heir restarts the clock for that heir only.
  • Mailing addresses for each interested person. Service is by formal notice under Rule 5.040, which requires a physical address; a stale address forces re‑service.
  • Date of first publication, if applicable. Pulled from the Notice to Creditors so the three‑month objection window aligns.
  • Court address of the probate division. Found on the Florida Clerks of Court directory; a wrong address is grounds to strike.
  • Proof of service forms. Form P‑3.0820 (waiver) and P‑3.0830 (proof of service) must be filed with or after the notice.

Where to Get the Form and How to Access It

The official Form P‑3.0801 is published by Florida Lawyers Support Services, Inc., the nonprofit that maintains the Florida Bar’s approved probate forms. The current intestate version carries a revision date of January 1, 2019, and that date should appear in the footer of any copy you download to confirm you have the controlling version.

The fastest free download is the bar‑approved PDF mirrored at Justia’s Florida probate library. Many circuits also host the smart‑form version inside their probate portals, including the Eleventh Judicial Circuit Probate Smart Forms page used by Miami‑Dade filers.

Some counties require submission through the statewide e‑filing portal at the Florida Courts E‑Filing Portal, which validates the form’s metadata before docketing. Pro se filers without a portal account can hand‑deliver or mail the completed notice to the probate division of the local clerk; the directory of clerks is at the Florida Association of Court Clerks.

If you need a typewriter‑style fillable copy, the Florida Lawyers Support Services order form lists print packets for purchase. The form has no filing fee on its own, but the underlying probate case carries the standard formal administration fee of $401 as published by the Florida Court Clerks & Comptrollers fee schedule.

Step-by-Step: How to Fill Out Form P-3.0801 Line by Line

The form is a single page with a caption block, a body of statutory warnings, and a signature block. Each blank below is treated as its own H3 with the six required elements: plain English, how to answer, example entry, nuance, mistake and consequence, and misconception.

Caption Field 1: Circuit Court for ______ County, Florida

This blank asks which Florida circuit court the case is pending in, identified by county. Type the full county name in capital letters, with no abbreviations and no “FL” suffix; the form already says Florida.

A correct entry looks like MIAMI‑DADE or HILLSBOROUGH on the line directly after “IN THE CIRCUIT COURT FOR.” The county must be the decedent’s county of domicile at death, the same county listed on the Petition for Administration.

A common nuance is the snowbird estate. If the decedent split time between New York and Palm Beach County, the controlling fact is legal domicile, evidenced by the Florida homestead declaration, voter registration, and driver’s license, not where the person died.

The most common mistake is naming the wrong county; the consequence is that venue is improper under §733.101, and any interested person can move to transfer or dismiss. A frequent misconception is that the county where the decedent died controls. It does not. Domicile controls.

Caption Field 2: File Number

This blank is the unique probate case number assigned by the clerk after the Petition for Administration is filed. Copy it exactly as printed on the clerk’s docket, including any dashes or letters such as 2026‑CP‑001234.

A correct entry is 2026‑CP‑001234 on the “File Number” line in the top right of the caption. Pull it from the docket sheet on the county clerk’s portal, never from a draft, because draft numbers change.

A nuance arises when an ancillary administration is opened alongside the original. Each gets its own file number, and the notice for each must use that case’s number; mixing them blocks docketing. Pro se filers sometimes leave this blank, intending to add it after filing.

That is the most common mistake on this field, and the consequence is automatic rejection by the e‑filing portal because the case will not be matched. The misconception is that the file number is the same as the decedent’s case ID in the medical examiner’s office. It is not.

Caption Field 3: Division

The Division blank tells the clerk which judicial division inside the probate department is hearing the case. Each circuit assigns a one‑letter or short code such as Probate Division 02 or simply CP.

Enter exactly what the clerk’s case docket displays under “Division,” with no extra punctuation. If unsure, look up the case on the statewide court records search or call the probate clerk.

A nuance is the unified family court counties, where some intestate estates with minors get reassigned to a family division mid‑case; the notice must reflect the current division on the day of service, not the original. The most common mistake is leaving this blank or guessing.

The consequence is that internal court routing breaks, and the notice may not reach the assigned judge before an objection deadline. The misconception is that “Division” means the geographic county; it does not, it means the judge’s docket assignment.

Caption Field 4: In Re: Estate of ______ Deceased

This block names the decedent at the center of the probate case. Use the decedent’s full legal name as it appears on the certified death certificate, in upper and lower case, ending with the comma and the word “Deceased” already printed on the form.

A correct entry is Robert James Carter, then on the next pre‑printed line, Deceased. Do not add suffixes such as “Sr.” unless the death certificate uses them, because beneficiary searches are run on this exact string.

A nuance is the legally changed name. If the decedent was born “Roberta J. Carter” but legally changed her name to “Robert J. Carter,” use the post‑change legal name and attach the prior‑name affidavit to the petition. The most common mistake is using a nickname like “Bob Carter.”

The consequence is that creditor searches in public records miss the estate, and a creditor can later claim defective notice. The misconception is that the maiden name must be added in parentheses; the form does not require it, and adding it can cause clerk rejection if it does not match the death certificate.

Body Paragraph 1: Pending Probate Statement

The first body paragraph repeats the decedent’s name, the file number, and the county, and then states the address of the probate court. Fill the blanks with the same information used in the caption, then add the full street address of the probate clerk’s office.

A correct entry might read, “the administration of the estate of Robert James Carter, Deceased, File Number 2026‑CP‑001234, is pending in the Miami‑Dade County, Florida, Probate Division, the address of which is 73 W. Flagler Street, Miami, FL 33130.” Pull the address from the Eleventh Circuit Clerk site or the equivalent county clerk page.

A nuance is satellite courthouses. Some counties such as Broward and Palm Beach have multiple branch courthouses, but the probate clerk’s official mailing address is the only one accepted on the form. The most common mistake is using the judge’s chambers address.

The consequence is that interested persons mail their objections to the wrong place and may miss the deadline through no fault of their own, exposing the personal representative to a malpractice or breach‑of‑duty claim. The misconception is that a P.O. box is acceptable; it is not, the clerk’s physical street address must appear.

Body Paragraph 2: Personal Representative and Attorney Block

This paragraph references the names and addresses of the personal representative and the attorney printed at the bottom signature block. There is nothing to type into the body itself, but the corresponding signature‑block fields must be filled in completely or this paragraph is meaningless.

The signature block at the foot of the form takes the personal representative’s printed name, mailing address, the attorney’s printed name, Florida Bar number, email, and office address. A correct example reads Maria Lopez, 145 Coral Way, Miami, FL 33145, paired with Daniel Reyes, Esq., FBN 0123456, dreyes@reyeslaw.com, 200 SE 1st St., Suite 400, Miami, FL 33131.

A nuance is the pro se personal representative who has no attorney; in that case, write Pro Se in the attorney name field and leave the bar number blank, but never erase the field, because clerks read blank fields as incomplete. The most common mistake is forgetting the Bar‑required designated email.

The consequence is that all e‑service of objections fails, and the lawyer is deemed not served, which extends every deadline against the estate. The misconception is that an attorney’s home address is acceptable; the Florida Bar requires the primary office address of record.

Body Paragraph 3: Objection Warning Language

This is the long all‑caps block warning that any person served must file objections challenging the will (none here, since intestate), the qualifications of the personal representative, venue, or jurisdiction within the later of three months after first publication of the notice or 30 days after service. Do not edit the language; it is statutory under §733.212(3).

There is no blank to fill, but you must verify the language matches the current statute. A correct version still reads “WITHIN THE LATER OF THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE OR THIRTY DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.”

A nuance is the 2022 amendment to §733.2123 about will challenges, which does not affect intestate notices but often confuses filers who pull old templates. The most common mistake is deleting the all‑caps formatting or shortening the language to save space.

The consequence is that the warning becomes legally insufficient, which under In re Estate of Bowen line of probate cases lets a late objector argue the notice did not put them on adequate warning. The misconception is that the deadline runs from death; it runs from service or first publication.

Body Paragraph 4: Creditor Claim Warning

This paragraph sets the parallel deadline for creditors. It must be left intact and unedited, repeating the three‑month‑from‑first‑publication or 30‑days‑from‑service rule for served creditors under §733.702.

Do not type anything inside this block. Confirm it appears verbatim against the law.com sample notice, word for word, including the all‑caps emphasis.

A nuance is that some counties also require a separate Notice to Creditors under Form P‑3.0701; P‑3.0801 does not replace it. The most common mistake is assuming this paragraph alone notifies creditors. It does not.

The consequence of skipping the separate Notice to Creditors is that unknown creditors are never time‑barred, and the two‑year statute of repose under §733.710 becomes the only protection. The misconception is that creditors and heirs run on the same clock; they do not.

Body Paragraph 5: Two-Year Statute of Repose Reminder

The final body paragraph repeats that all other creditors of the decedent must file claims within the later of three months after first publication. It locks in the absolute two‑year bar after death under §733.710 for any claim not filed.

No fields to fill. Just confirm the paragraph is present and not deleted by any prior editor.

A nuance is that the two‑year bar applies even if no notice was served at all, but only as a hard outer limit; the personal representative still has a duty to serve. The most common mistake is removing this paragraph because it looks duplicative.

The consequence is that the form no longer matches the bar‑approved version, and a probate judge can strike it sua sponte. The misconception is that the two‑year clock can be extended by agreement; it cannot, the statute is jurisdictional.

Signature Block: Personal Representative

The personal representative signs above the printed name line, prints the name, and writes the mailing address used for service of court papers. Sign in blue or black ink if filing on paper, or apply a compliant e‑signature if e‑filing.

A correct entry is Maria Lopez signed in cursive, MARIA LOPEZ printed, with 145 Coral Way, Miami, FL 33145. The address must match the address on the Letters of Administration.

A nuance is co‑personal representatives. If two people serve jointly, both sign and both print, and either both addresses appear or a single shared service address is used with both names above it. The most common mistake is signing as “Executor.”

The consequence is a clerk rejection because Florida uses personal representative, not executor, and the title mismatch flags the document. The misconception is that a typed name in cursive font is a legal signature; under Rule 2.515, it must be a /s/ signature line or an actual ink or e‑signature image.

Signature Block: Attorney for Personal Representative

This block takes the attorney’s signature, printed name, Florida Bar number, designated email per Rule 2.516, secondary email if any, telephone, and office address. Every field is required by the bar rule for service of court documents.

A correct entry is Daniel Reyes, Esq., signed and printed, FBN 0123456, primary email dreyes@reyeslaw.com, secondary service@reyeslaw.com, telephone (305) 555‑0123, office 200 SE 1st St., Suite 400, Miami, FL 33131.

A nuance is the pro se filer; write Pro Se in place of the attorney name, leave the bar number blank, and supply a personal email the filer monitors daily, because all court e‑service hits that inbox. The most common mistake is using a generic firm email like info@firm.com.

The consequence is that bar rules treat service as defective, and an opposing party can ask the court to set aside any deadline that ran. The misconception is that the bar number is optional. It is mandatory under Rule 2.516(b)(1)(E).

Three Filled-Out Examples Using Real Scenarios

Below are three named filers walking through the form. Each table covers the most important sections of P‑3.0801 with the exact entries that filer would type.

Example 1: Maria Lopez serves notice in Miami‑Dade after her father dies intestate

Form Section What Maria Enters
County MIAMI‑DADE
File Number 2026‑CP‑001234
Division Probate 02
In Re: Estate of Robert James Carter, Deceased
Court Address 73 W. Flagler St., Miami, FL 33130
Personal Representative Maria Lopez, 145 Coral Way, Miami, FL 33145
Attorney Daniel Reyes, Esq., FBN 0123456
PR Signature /s/ Maria Lopez, dated 03/14/2026

Example 2: Marcus Johnson, pro se, serves notice in Duval County after his uncle dies without a will or spouse

Form Section What Marcus Enters
County DUVAL
File Number 2026‑CP‑000857
Division PR‑A
In Re: Estate of Theodore L. Johnson, Deceased
Court Address 501 W. Adams St., Jacksonville, FL 32202
Personal Representative Marcus Johnson, 8821 Beachview Dr., Jacksonville, FL 32216
Attorney Pro Se
PR Signature /s/ Marcus Johnson, dated 04/02/2026

Example 3: Aisha Patel, co‑PR with her brother, serves notice in Orange County after their mother dies intestate with a revocable trust

Form Section What Aisha Enters
County ORANGE
File Number 2026‑CP‑002145
Division Probate 35
In Re: Estate of Priya R. Patel, Deceased
Court Address 425 N. Orange Ave., Orlando, FL 32801
Personal Representatives Aisha Patel and Rohan Patel, 1530 Lake Ivanhoe Way, Orlando, FL 32804
Attorney Linda Chen, Esq., FBN 0987654
Trustee Served Sun Trust Bank, N.A., Trustee of the Patel Family Trust

How to File the Completed Form

Form P‑3.0801 is filed with the probate clerk in the same county where the estate is open, and then served on every interested person under Florida Probate Rule 5.040. Filing and serving are two distinct steps, and skipping either one breaks the deadline clock.

The default filing channel is the statewide Florida Courts E‑Filing Portal, which accepts the PDF, time‑stamps it, and routes it to the assigned judge. There is no separate filing fee for the notice; the case opening fee of $401 was paid when the petition was filed, per the Clerks of Court fee schedule. Accepted payment methods on the portal are credit card and ACH.

Mail filing is allowed for pro se filers in most counties. Mail two copies plus a self‑addressed stamped envelope to the probate division at the clerk’s street address, for example the Miami‑Dade Clerk Probate Division at 73 W. Flagler St., Miami, FL 33130. Processing time runs about 5–10 business days; the clerk returns a date‑stamped copy as your proof of filing.

In‑person filing at the probate counter is accepted in every county and gives an instant date stamp; this is the safest channel for last‑day filings. Fax filing has been discontinued statewide as of the 2019 e‑filing mandate. After filing, serve each interested person by formal notice and keep the green card or e‑service report; that proof is filed on Form P‑3.0830.

What Happens After You File

Once filed and served, the clock begins. Each served person has the later of three months after first publication of the Notice to Creditors or 30 days after personal service to file objections challenging the personal representative’s qualifications, venue, or jurisdiction.

The personal representative should track every service date in a spreadsheet because the deadlines run individually. If no objection is filed in time, the right to object is barred forever under §733.212(3), and the estate can move to inventory, creditor handling, and distribution.

If an objection is filed, the probate court sets a hearing, and the personal representative may need to defend qualifications under §733.302. Common defenses include proof of Florida residency, lack of disqualifying felony conviction, and timely posting of bond.

After the objection window closes with no challenge, the estate moves to the inventory deadline of 60 days from issuance of letters, then through creditor claim resolution, accounting, and finally a Petition for Discharge. A clean P‑3.0801 keeps that timeline on track.

Mistakes to Avoid When Filling Out the Form

  • Using P‑3.0802 (testate) instead of P‑3.0801 (intestate); the case will require re‑service and a new objection clock.
  • Naming the wrong county based on where the decedent died rather than where domiciled; venue can be challenged and transferred.
  • Leaving the file number blank at intake; the e‑filing portal rejects unmatched filings outright.
  • Using a nickname for the decedent; creditor and heir record searches miss the estate and notice is deemed defective.
  • Forgetting to list the trustee of a revocable trust under §733.707(3); the trustee can later attack distributions.
  • Editing or shortening the all‑caps statutory warning paragraphs; the notice becomes legally insufficient.
  • Omitting the attorney’s bar number or designated email; service is treated as not made under Rule 2.516.
  • Signing as “Executor” instead of “Personal Representative”; the clerk flags and rejects the signature block.
  • Using a P.O. Box for the court address; the form requires the clerk’s physical street address.
  • Skipping the separate Notice to Creditors under the assumption that P‑3.0801 covers creditors; unknown creditors stay live for two years.
  • Failing to file Form P‑3.0830 Proof of Service; without proof, the deadline cannot be enforced against an objector.
  • Mailing the notice without a tracking method; lost notices reset the 30‑day individual service clock.

Do’s and Don’ts

  • Do confirm the form’s revision date of January 1, 2019 in the footer before using any downloaded copy.
  • Do match every name and address exactly to the Letters of Administration, because mismatches trigger clerk rejection.
  • Do serve every heir at law identified under §732.103; missing one heir voids the bar as to that heir.
  • Do file Form P‑3.0830 Proof of Service as soon as service is complete to start the deadline clock.
  • Do keep tracking numbers and e‑service receipts in a single estate file for the life of the case.
  • Do calendar each individual 30‑day service deadline on the day you mail or e‑serve.
  • Don’t edit or paraphrase the statutory warning paragraphs; the language is required verbatim under §733.212.
  • Don’t mix testate and intestate language; pull only from the bar‑approved P‑3.0801 PDF.
  • Don’t use the decedent’s date of death as the trigger for the objection window; the trigger is service or first publication.
  • Don’t rely on a waiver under P‑3.0820 until it is signed, dated, and filed.
  • Don’t sign with a typed cursive font; use an /s/ line or a true e‑signature image.
  • Don’t assume the two‑year statute of repose protects the estate; serve properly anyway.

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

  • Pro pro se: No attorney fees, which can save the estate $2,500–$5,000 on a simple intestate case based on Florida Bar consumer pamphlets.
  • Pro pro se: Direct control over timing, with no scheduling delays through a law office.
  • Pro pro se: Faster learning curve for executors handling future family estates.
  • Pro pro se: Easier to coordinate with cooperative heirs who plan to sign waivers.
  • Pro pro se: No conflict between attorney and beneficiary interests.
  • Pro with attorney: Built‑in compliance with Rule 2.516 e‑service, which pro se filers often miss.
  • Pro with attorney: Faster issue spotting on creditor claims and homestead.
  • Pro with attorney: Insurance against deadline miscalculation, the leading cause of reopened estates.
  • Pro with attorney: Direct portal filing through an existing E‑Filing Portal account.
  • Pro with attorney: Statutory fee scale under §733.6171 provides predictable costs.
  • Con pro se: Higher risk of defective service that voids the objection bar.
  • Con pro se: No malpractice backstop if a creditor or heir is missed.
  • Con with attorney: Higher cash outlay during a stressful time.
  • Con with attorney: Possible delay matching the firm’s calendar.
  • Con with attorney: Potential conflict if the attorney also represents a beneficiary.

Form Comparison: P-3.0801 vs. P-3.0802

Feature Detail
P‑3.0801 use case Intestate (no will) probate notice of administration
P‑3.0802 use case Testate (with will) probate notice of administration
Statute Both required under §733.212
Will‑challenge language Not present in P‑3.0801; present in P‑3.0802
Common companion form P‑3.0820 waiver (intestate) for P‑3.0801
Revision date January 1, 2019 for both
Filing portal E‑Filing Portal for both
Service rule Rule 5.040 governs both

FAQs

Do I file Form P-3.0801 if my parent had a valid will?

No. Use Form P‑3.0802 for testate estates. P‑3.0801 is the intestate version and using it for a testate estate forces re‑service.

Is there a filing fee for Form P-3.0801?

No. The notice itself carries no fee, but the underlying formal administration case costs about $401 per the Clerks of Court fee schedule, paid when the petition is filed.

Can I file Form P-3.0801 without an attorney?

Yes. A pro se personal representative may file, but Florida Probate Rule 5.030 requires counsel in most formal administrations unless the PR is the sole interested person.

Do I write my full legal name or a nickname in the In Re: Estate of block?

No. Never use nicknames. Enter the decedent’s full legal name exactly as printed on the certified death certificate so creditor searches match.

Does the Division blank mean my county?

No. Division means the judge’s docket assignment inside the probate department, such as Probate 02, not the county. Pull it from the clerk’s docket sheet.

Should the court address be a P.O. Box?

No. Use the probate clerk’s physical street address from the county clerk directory. A P.O. Box on this line is grounds to strike the notice.

Do I list my maiden name as personal representative?

No. Use the legal name on your government ID and on the Letters of Administration. Mismatched names cause clerk rejection.

Can I e-sign Form P-3.0801?

Yes. Florida courts accept /s/ signature lines and compliant e‑signature images through the E‑Filing Portal under Rule 2.515.

Does serving Form P-3.0801 also notify creditors?

No. It only puts heirs and named interested persons on notice. Unknown creditors require a separate Notice to Creditors published in a local newspaper.

Is the objection deadline 90 days from the date of death?

No. The deadline is the later of three months after first publication or 30 days after personal service under §733.212(3), measured per person.

Can heirs waive the notice instead?

Yes. Each heir may sign Form P‑3.0820, the waiver of service of notice of administration, which removes the need to formally serve that person.

Do co-personal representatives both sign the form?

Yes. Every co‑PR appointed in the Letters of Administration must sign the notice, and each signature must include the printed name and shared service address.