Florida Form P-5.1700 is the Petition for Administration, the document a person files with the local circuit court probate division to open a formal administration of a deceased person’s estate under the Florida Probate Rules. The form is required by Rule 5.200, Fla. Prob. R. and Chapter 733 of the Florida Probate Code, and it asks the court to appoint a personal representative (PR) so the estate’s debts can be paid and assets passed to heirs or beneficiaries.
Filing the wrong version, leaving a beneficiary off the list, or missing the 10-day deadline to deposit the will can stall the case for months and expose the petitioner to personal liability. According to the Florida Office of the State Courts Administrator, more than 41,000 formal probate cases are opened in Florida each year, and clerks reject roughly 1 in 5 initial petitions for missing verifications, missing addresses, or wrong venue.
Here is what you will learn in this guide:
- 📜 What Florida Form P-5.1700 is, who must file it, and the statutes that control it
- 🗂️ Every document, ID number, and date you must gather before you open the form
- ✍️ A line-by-line walkthrough of every paragraph, box, and signature block on the petition
- 👨👩👧 Three full filled-out examples using realistic Florida families
- 🏛️ Filing the petition through the Florida Courts E-Filing Portal, by mail, and in person, plus what happens after the clerk accepts it
What Florida Form P-5.1700 Is and Who Must File It
Florida Form P-5.1700, titled Petition for Administration, is the official starting document for a formal administration probate case in Florida. It is one of the official probate forms approved by The Florida Bar’s Probate Rules Committee and tracks the requirements of Rule 5.200 word-for-word. The current revision most filers use carries a 2019 revision date, although clerks accept later approved revisions if the substantive content matches the rule.
The petition does several jobs at once. It tells the court the decedent has died, asks the court to take jurisdiction of the estate, lists the heirs and beneficiaries who must receive notice, identifies the will (if any), nominates a personal representative, and verifies under oath that the facts are true. Because the form is verified, lying on it is a third-degree felony under § 837.012, Florida Statutes.
The people most likely to file the petition are the surviving spouse, an adult child, a named personal representative under a will, a creditor with standing, or a probate attorney representing one of those parties. Florida requires that any petition for formal administration be signed by a Florida-licensed attorney unless the petitioner is the sole interested person or is otherwise allowed under Rule 5.030, so most pro se filers are surviving spouses with no other heirs.
Before You Start: Documents and Information You Need
Gather every item on the checklist below before you open the form. Missing one piece sends you back to the clerk’s rejection queue, and each rejection adds three to ten business days to your timeline based on county clerk reports from Miami-Dade, Broward, and Orange County.
- Certified death certificate without cause of death — the public-record version. The cause-of-death version stays sealed under § 382.025, F.S., and clerks reject petitions filed with the long-form version.
- Original last will and testament, if any, plus any codicils. Florida requires the original to be deposited with the clerk within 10 days of learning of the death under § 732.901, F.S..
- Decedent’s full legal name, date of death, county of death, and last residence address. Venue is controlled by § 733.101, F.S., and a wrong county forces a transfer.
- Decedent’s Social Security number. The clerk redacts it under Rule 2.425, but the court still needs it for inventory matching.
- Names, addresses, and relationships of every beneficiary and heir. Missing one beneficiary voids the eventual notice of administration.
- A reasonable estimate of the value of the probate estate, separated by real and personal property. The number drives the bond amount and informs the filing fee tier.
- The proposed personal representative’s full legal name, address, date of birth, and Florida residency status. Non-residents must qualify under § 733.304, F.S..
- Filing fee payment method. Most counties charge $401 for opening a formal administration, payable by credit card on the E-Filing Portal or by check at the counter.
- An email address for service under Rule 2.516. Pro se filers must designate a primary and secondary email.
- A notary or two witnesses for the oath block, unless you sign under penalty of perjury per § 92.525, F.S.
Where to Get the Form and How to Access It
The Florida Bar hosts the official, fillable PDF of Form P-5.1700 inside the Florida Probate Rules forms package. That single PDF runs more than 600 pages and contains every P-form, so search the document for “P-5.1700” or “Petition for Administration” to jump to the correct page.
Many counties also post a county-branded version on their clerk pages, including Hillsborough, Pinellas, and Palm Beach. Those county versions add a caption block with the local court division but the body must still match the Bar’s form word-for-word.
The form is fillable directly inside Adobe Acrobat Reader, and most filers type their answers, save the PDF, then upload it to the Florida Courts E-Filing Portal. Handwriting is allowed but discouraged because the OCR step inside the portal sometimes flips characters in handwritten ZIP codes and case-style fields. Save the file with a clean name like Smith_John_Petition_for_Administration.pdf so the clerk’s intake team can find it.
Step-by-Step: How to Fill Out Florida Form P-5.1700 Line by Line
The petition reads top to bottom in a single column. Each numbered paragraph below corresponds to the labels printed on the official form. Use the exact field names verbatim — clerks scan for them.
Caption: Court, County, and Case Number
The caption is the block at the very top that names the court, the county, the probate division, the case number, and the decedent.
In plain English, the caption tells the clerk where to file and which judge gets the case. Type the court name as IN THE CIRCUIT COURT FOR [COUNTY] COUNTY, FLORIDA in all caps, then PROBATE DIVISION, then leave the File No. blank because the clerk assigns it on intake.
For example, Maria Lopez opening her late husband’s estate in Orlando types IN THE CIRCUIT COURT FOR ORANGE COUNTY, FLORIDA / PROBATE DIVISION / File No. ________ / Division: Probate / IN RE: ESTATE OF CARLOS LOPEZ, Deceased.
A nuance: if the decedent was a snowbird who died in another state but kept a Florida homestead, file in the Florida county of the homestead under § 733.101(1)(b), F.S., not the state of death.
The most common mistake is naming the wrong county, which forces the clerk to transfer the case under Rule 5.040 and adds 30 to 60 days of delay.
A misconception is that the case number can be guessed from the next number on the docket — it cannot, and writing one in causes the clerk to reject the filing for a mismatched style.
Paragraph 1: Petitioner’s Identity and Interest
Paragraph 1 names you, the petitioner, and explains why you have a right to ask the court to open the estate.
Write your full legal name, your residence address, and the basis of your interest, such as surviving spouse, child of decedent, nominated personal representative under the will, or creditor. The interest must match a category listed in § 733.301, F.S..
For example, Maria Lopez, residing at 1422 Pine Ridge Lane, Orlando, FL 32803, who is the surviving spouse of the decedent and is nominated as Personal Representative in the decedent’s Last Will and Testament dated March 9, 2018.
A nuance: if you are a creditor petitioning under § 733.202, F.S., state the amount and nature of the debt and attach proof, or the family can challenge your standing.
A common mistake is listing only “spouse” without “surviving” — the court has rejected petitions for that omission because the word surviving is what confers standing under the statute.
A misconception is that being named in the will is enough by itself; the petitioner still must show a present interest in the estate, not just a future expectancy.
Paragraph 2: Decedent’s Basic Information
Paragraph 2 establishes the decedent’s identity, age, residence, date of death, and Social Security number so the court has jurisdiction and the clerk can index the case.
Write the decedent’s full legal name, age at death, last known residence address, county of residence, date of death, and the last four digits of the Social Security number under Rule 2.425. Use the format MM/DD/YYYY for the date of death.
For example, Carlos Lopez, age 67, whose last known address was 1422 Pine Ridge Lane, Orlando, Orange County, Florida 32803, died on 02/14/2026, and the last four digits of his Social Security number are 4821.
A nuance: if the decedent had no fixed residence, list the place where they had property under § 733.101(1)(c), F.S.. Snowbirds who split time between Florida and another state should pick the state where they were registered to vote and held a driver’s license.
The most common mistake is writing the full nine-digit Social Security number in the petition, which becomes a public record and triggers a confidentiality motion under Rule 2.420.
A misconception is that a date of death affidavit can substitute for a death certificate — it cannot. The certified short-form certificate must be filed as an attachment.
Paragraph 3: Venue Allegation
Paragraph 3 asserts that this circuit court has venue, meaning it is the right county for this estate.
State plainly that the decedent was domiciled in the county where you are filing, or that the decedent owned property there, citing § 733.101, F.S..
For example, Venue of this estate is in Orange County, Florida, because the decedent was domiciled in Orange County at the time of death.
A nuance: if the decedent died in a hospital in a different county, that does not change venue. Domicile follows residence, not the place of death.
The most common mistake is filing in the county where the petitioner lives, not where the decedent lived. The court will dismiss or transfer the case under Rule 5.040.
A misconception is that “venue” and “jurisdiction” are the same. They are not — jurisdiction is statewide for circuit courts; venue is county-level.
Paragraph 4: Description and Value of Assets
Paragraph 4 gives the court an estimate of the probate estate so it can set bond and the clerk can charge the right fee tier.
Break the estimate into real property (Florida real estate that is not homestead) and personal property (cash, vehicles, accounts, jewelry). Use approximate values — exact appraisals come later in the inventory.
For example, The approximate value of the assets in this estate, excluding homestead property, is: Real property: $0.00; Personal property: $87,500.00; Total: $87,500.00.
A nuance: do not include homestead real property in this number. Homestead is not a probate asset under Article X, § 4, Florida Constitution, and adding it inflates the bond.
The most common mistake is mixing in non-probate assets like jointly titled accounts, life insurance with named beneficiaries, or POD/TOD accounts. Those pass outside probate and do not belong on this line.
A misconception is that the value here locks the executor in. It does not — the inventory filed later under Rule 5.340 controls.
Paragraph 5: The Will (Testate vs. Intestate)
Paragraph 5 tells the court whether the decedent left a will. The form has two alternative subparagraphs — pick one and strike or skip the other.
If a will exists, write The decedent’s Last Will and Testament dated [date] is being deposited with this Court and is offered for probate. If no will, write The decedent died intestate.
For example, Maria writes The decedent’s Last Will and Testament dated 03/09/2018 is being deposited with this Court and is offered for probate. By contrast, Janet, whose father died with no will, writes The decedent died intestate.
A nuance: if you find a later codicil after filing, file an amended petition under Rule 5.205 — do not simply hand the codicil to the clerk.
The most common mistake is filing a copy of the will instead of the original, which triggers the lost-will procedure under § 733.207, F.S., and requires extra evidence and a separate hearing.
A misconception is that a notarized will is automatically self-proved. It is not — Florida requires a specific self-proof affidavit under § 732.503, F.S..
Paragraph 6: Beneficiaries and Heirs
Paragraph 6 lists every person or entity entitled to notice, including residuary beneficiaries, specific devisees, and intestate heirs identified through Chapter 732.
For each person, write full name, relationship, address, and date of birth (or “adult”/”minor” if DOB unknown). Minors must be flagged so the court can appoint a guardian ad litem under Rule 5.120.
For example, Maria Lopez (surviving spouse, adult), 1422 Pine Ridge Lane, Orlando, FL 32803; Diego Lopez (son, adult), 88 Cypress Ave., Tampa, FL 33602; Sofia Lopez (daughter, minor age 14), 1422 Pine Ridge Lane, Orlando, FL 32803.
A nuance: pretermitted spouses and children under § 732.301 and § 732.302 must be listed even if the will leaves them nothing — they still get notice.
The most common mistake is forgetting an estranged child or a child from a prior marriage. The omission can void the order admitting the will and reopen the estate years later.
A misconception is that beneficiaries who waive notice can be left off entirely. They cannot — they must still be listed, and the waiver attached separately.
Paragraph 7: Personal Representative Nomination
Paragraph 7 nominates the proposed personal representative and confirms they qualify under § 733.302 through § 733.305, F.S.
State the proposed PR’s full legal name, address, relationship to decedent, and Florida residency. If a non-resident, confirm they fall within the close-relative exception in § 733.304, F.S.
For example, Petitioner nominates Maria Lopez, 1422 Pine Ridge Lane, Orlando, FL 32803, who is the surviving spouse of the decedent and a Florida resident, to serve as Personal Representative.
A nuance: a felon or someone under 18 cannot serve, period. There is no waiver mechanism, even with family consent.
The most common mistake is naming a non-resident friend or business partner. They are statutorily disqualified, and the petition will be denied or rewritten.
A misconception is that the court must follow the will’s nomination. The court usually does, but it has discretion under § 733.301, F.S. when the nominee is unfit.
Paragraph 8: Priority of Appointment
Paragraph 8 explains why this petitioner has priority to be appointed over other interested parties.
For testate estates, write The petitioner has preference of appointment under § 733.301(1)(a) because she is named in the will. For intestate estates, write The petitioner has preference under § 733.301(1)(b)1. as the surviving spouse.
For example, Janet Brown (intestate, no spouse) writes Petitioner has preference of appointment under § 733.301(1)(b)2., Florida Statutes, as the person selected by a majority in interest of the heirs.
A nuance: when several heirs each have equal preference, attach written consents from the others or schedule a hearing — the court will not just pick one.
The most common mistake is leaving this paragraph blank because “it seems redundant.” Without it, the clerk will not issue Letters of Administration.
A misconception is that the oldest child has priority. Age is irrelevant; statutory class is what controls.
Paragraph 9: Bond Allegation
Paragraph 9 addresses bond — the insurance policy that protects the estate from a dishonest PR.
Most wills waive bond. If yours does, write The decedent’s will waives bond. If not, propose a bond amount equal to the personal property value plus one year of expected income under Rule 5.480.
For example, The decedent’s Last Will and Testament expressly waives bond for the Personal Representative.
A nuance: even when the will waives bond, the court can require it under § 733.402, F.S. if a beneficiary objects or the assets are at risk.
The most common mistake is silence on bond. Silence equals “bond required,” and the clerk delays issuing letters until a surety company provides a bond.
A misconception is that bond is a one-time fee. It is an ongoing premium paid annually until the estate closes.
Paragraph 10: Prayer for Relief
Paragraph 10 — the WHEREFORE clause — is the part where you actually ask the court to do something.
Ask the court to (a) admit the will to probate (if testate), (b) appoint the proposed PR, (c) issue Letters of Administration, and (d) grant any other proper relief.
For example, WHEREFORE, Petitioner requests that this Court admit the decedent’s Last Will and Testament dated 03/09/2018 to probate, appoint Maria Lopez as Personal Representative, issue Letters of Administration to her, and grant such other relief as is just and proper.
A nuance: if you want summary administration instead, you are on the wrong form — use Form P-5.0220, not P-5.1700.
The most common mistake is forgetting to ask for Letters. The court will not issue them on its own initiative.
A misconception is that “such other relief as is just and proper” lets you slide in a homestead determination later. It does not — homestead requires its own § 732.401 petition.
Verification and Oath
Below the prayer is the verification block, where the petitioner swears under penalty of perjury that everything above is true under § 92.525, F.S.
Sign your full legal name above the printed name line, date the document MM/DD/YYYY, and add your address, phone, and email under Rule 2.516.
For example, Maria Lopez signs and prints her name, dates the form 02/27/2026, and lists maria.lopez@email.com as her primary designated email and m.lopez.alt@email.com as her secondary.
A nuance: a notary is not required if you use the perjury statement under § 92.525(2), F.S., but several counties (e.g., Miami-Dade) prefer notarized signatures and may flag un-notarized petitions for review.
The most common mistake is signing only the petition and forgetting to also sign the Oath of Personal Representative (Form P-3.0200) at the same time. Without the oath, the court cannot issue Letters.
A misconception is that an attorney can sign the verification for the client. They cannot — verifications must be personal under Rule 5.020.
Three Filled-Out Examples Using Real Scenarios
The three families below show how P-5.1700 plays out across the most common Florida fact patterns. Each scenario follows one named filer through the entire petition.
Scenario A: Maria Lopez — Surviving Spouse, Homestead-Only Estate
Maria’s husband Carlos died in Orlando with a will that names her as PR and waives bond. The only real estate is their homestead, which passes outside probate.
| Form Section | What Maria Enters |
|---|---|
| Caption | Circuit Court for Orange County, Florida, Probate Division. IN RE: ESTATE OF CARLOS LOPEZ, Deceased. File No. blank. |
| Paragraph 1 (Petitioner) | Maria Lopez, 1422 Pine Ridge Lane, Orlando, FL 32803, surviving spouse and nominated PR. |
| Paragraph 2 (Decedent) | Carlos Lopez, age 67, same address, died 02/14/2026, SSN ending 4821. |
| Paragraph 3 (Venue) | Orange County — decedent was domiciled there. |
| Paragraph 4 (Assets) | Real property: $0. Personal property: $87,500. Homestead excluded. |
| Paragraph 5 (Will) | Will dated 03/09/2018 deposited and offered for probate. |
| Paragraph 6 (Beneficiaries) | Maria Lopez (spouse); Diego Lopez (adult son); Sofia Lopez (minor daughter, age 14). |
| Paragraph 7 (PR) | Maria Lopez, FL resident, nominated. |
| Paragraph 9 (Bond) | Will waives bond. |
| Verification | Signed 02/27/2026 under § 92.525 perjury statement. |
Scenario B: Janet Brown — Adult Child, Intestate, Multiple Heirs
Janet’s father Robert died in Tampa with no will and three adult children. The siblings agree Janet should serve.
| Form Section | What Janet Enters |
|---|---|
| Caption | Circuit Court for Hillsborough County, Florida, Probate Division. IN RE: ESTATE OF ROBERT BROWN, Deceased. |
| Paragraph 1 (Petitioner) | Janet Brown, 401 Bayshore Blvd., Tampa, FL 33606, daughter of decedent. |
| Paragraph 2 (Decedent) | Robert Brown, age 74, last residence Tampa, died 04/02/2026, SSN ending 7733. |
| Paragraph 4 (Assets) | Real property: $215,000 (rental condo). Personal property: $42,000. Total: $257,000. |
| Paragraph 5 (Will) | Decedent died intestate. |
| Paragraph 6 (Heirs) | Janet Brown (daughter); Marcus Brown (son), Atlanta, GA; Aisha Brown-Wells (daughter), Tampa, FL. |
| Paragraph 7 (PR) | Janet Brown, FL resident, with written consents from Marcus and Aisha attached. |
| Paragraph 8 (Priority) | Preference under § 733.301(1)(b)2. — selected by majority of heirs. |
| Paragraph 9 (Bond) | Petitioner proposes bond of $50,000. |
| Verification | Signed 04/18/2026. |
Scenario C: Daniel Reyes — Named PR Under Self-Proved Will, Out-of-State Beneficiaries
Daniel is the named PR under his aunt’s self-proved will. Aunt Elena died in Fort Lauderdale, and her three beneficiaries live in New York and California.
| Form Section | What Daniel Enters |
|---|---|
| Caption | Circuit Court for Broward County, Florida, Probate Division. IN RE: ESTATE OF ELENA RAMOS, Deceased. |
| Paragraph 1 (Petitioner) | Daniel Reyes, 220 SE 2nd St., Fort Lauderdale, FL 33301, nephew and nominated PR. |
| Paragraph 2 (Decedent) | Elena Ramos, age 81, last residence Fort Lauderdale, died 01/22/2026, SSN ending 1129. |
| Paragraph 4 (Assets) | Real property: $0. Personal property: $612,000 (brokerage + cash). |
| Paragraph 5 (Will) | Self-proved will dated 06/14/2015 deposited and offered for probate. |
| Paragraph 6 (Beneficiaries) | Sandra Vega (niece, NY); Luis Ramos (nephew, CA); Hope Foundation Inc. (FL nonprofit). |
| Paragraph 7 (PR) | Daniel Reyes, FL resident, nominated in will. |
| Paragraph 8 (Priority) | Preference under § 733.301(1)(a) — named in will. |
| Paragraph 9 (Bond) | Will waives bond. |
| Verification | Signed 02/03/2026 under § 92.525. |
How to File the Completed Form
Florida accepts the Petition for Administration through three channels, but e-Filing is mandatory for attorneys under AOSC14-19 and strongly preferred for pro se filers.
Online via the Florida Courts E-Filing Portal. Create a free account at myflcourtaccess.com, select File Now → Existing Case or New Case, choose the correct county, pick the Probate division, and upload your signed PDF petition along with the death certificate and original will (which must also be physically delivered to the clerk under § 732.901, F.S.). The fee is $401 in most counties, paid by credit card with a small portal surcharge. Processing is typically 3 to 7 business days to receive your case number and conformed copy back.
By mail. Print and sign the petition, package it with a check made out to the Clerk of Circuit Court, the certified death certificate, the original will, and a self-addressed stamped envelope, then mail to the probate division of the county clerk — for example, Orange County Clerk, P.O. Box 4994, Orlando, FL 32802-4994. Processing runs 10 to 20 business days, and your proof-of-filing is the conformed copy mailed back.
In person. Bring everything to the clerk’s probate counter. The clerk stamps your copy on the spot. Accepted payment is cash, check, or card. This route is the fastest for emergencies (such as a § 733.501, F.S. curator request) and gives you same-day proof of filing.
What Happens After You File
After acceptance, the clerk assigns a probate case number and routes the file to a probate judge. The judge reviews the petition, signs an Order Admitting Will to Probate and Appointing Personal Representative, and the clerk issues Letters of Administration — your legal authority to act for the estate. Most uncontested cases see Letters issued within 10 to 21 days of acceptance.
Once Letters issue, the PR has 20 days to begin publishing the Notice to Creditors under § 733.2121, F.S., and 60 days to file the inventory under Rule 5.340. Creditors then have 90 days from first publication or 30 days from service, whichever is later, to file claims under § 733.702, F.S.
Expect the full administration to take 6 to 12 months if uncontested, and longer if creditors object, beneficiaries fight, or a homestead determination is needed under § 732.401, F.S.
Mistakes to Avoid When Filling Out the Form
Each mistake below has tripped up real Florida petitioners and either delayed appointment or exposed the filer to liability.
- Filing in the wrong county. Forces a transfer under Rule 5.040 and can erase 30+ days.
- Listing the full nine-digit SSN. Triggers a confidentiality violation and a sealing motion.
- Including homestead in the asset value. Inflates the bond and can delay Letters.
- Forgetting the verification. An unverified petition is treated as a nullity under Rule 5.020.
- Filing a copy of the will instead of the original. Forces lost-will procedure and a separate hearing.
- Naming a non-resident PR who is not a close relative. Disqualified per § 733.304, F.S.
- Omitting an estranged child. Voids the order admitting the will and re-opens the estate.
- Skipping the priority paragraph. Clerk will not issue Letters without it.
- Using the long-form death certificate. Public-record violation; clerk rejects the filing.
- Forgetting designated email. Violates Rule 2.516 and blocks e-service.
- Mis-stating venue as place of death. Domicile, not death location, controls.
- Filing without depositing the original will. Violates § 732.901 and is a misdemeanor.
Do’s and Don’ts
These quick rules apply across every Florida county.
Do’s
- Do deposit the original will within 10 days of learning of the death.
- Do use the certified short-form death certificate without cause.
- Do list every beneficiary, even those getting nothing under the will.
- Do designate primary and secondary email addresses for service.
- Do save a stamped, conformed copy of every filed document.
- Do verify the petition personally — do not let anyone sign for you.
Don’ts
- Don’t include homestead in the probate asset value.
- Don’t write the full SSN anywhere on a public filing.
- Don’t file a will copy when the original exists.
- Don’t propose a non-resident, non-relative PR.
- Don’t forget the priority of appointment paragraph.
- Don’t guess the case number — leave it blank.
Pros and Cons of Filing on Your Own vs. With Help
The choice between pro se filing and hiring a probate attorney comes down to estate complexity, family dynamics, and personal bandwidth.
Pros of filing pro se
- Saves attorney fees, which run 3% of estate value under § 733.6171, F.S. for ordinary services.
- Gives you direct control over timing and communication with the clerk.
- Forces you to learn the rules, useful if more probate work lies ahead.
- Works well when you are the sole interested person.
- Keeps family disagreements out of an outside professional’s view.
Cons of filing pro se
- Florida usually requires an attorney unless you are the sole interested person — most pro se filers do not qualify.
- A single mistake on verification or beneficiaries can void the order.
- You alone are personally liable for missed deadlines.
- The judge will not coach you — questions go unanswered.
- Title companies often refuse to insure homestead deeds without an attorney’s involvement.
FAQs
Do I have to be a Florida resident to file Form P-5.1700?
No. You can file as a non-resident petitioner, but the proposed personal representative must be a Florida resident or a close relative under § 733.304, F.S.
Can I file Form P-5.1700 without an attorney?
No. Florida requires an attorney for formal administration unless you are the sole interested person in the estate, per Rule 5.030.
What is the filing fee?
Yes, there is a fee — $401 in most counties, set by the Clerk Fee Schedule and payable through the E-Filing Portal by credit card.
Do I write the decedent’s full Social Security number in Paragraph 2?
No. Write only the last four digits under Rule 2.425; the full SSN goes on a confidential cover sheet.
Should I list our homestead in Paragraph 4 (asset value)?
No. Homestead passes outside probate under Article X, § 4, so it does not go on the asset line — it is handled in a separate § 732.401 petition.
Do I include beneficiaries who waived their share?
Yes. Every beneficiary or heir must be listed in Paragraph 6 even if they waived; attach the waiver as a separate exhibit.
How long do I have to deposit the original will?
Yes, there is a deadline — 10 days from learning of the death, under § 732.901, F.S.. Missing it is a misdemeanor.
Can a felon serve as personal representative?
No. A convicted felon is statutorily disqualified under § 733.303, F.S., with no waiver available.
Do I write “spouse” or “surviving spouse” in Paragraph 1?
Yes, write surviving spouse. The word surviving is what confers standing under § 733.301, F.S..
Should I leave the case number blank in the caption?
Yes. Always leave File No. blank — the clerk assigns the number on intake.
Is Paragraph 9 required if the will waives bond?
Yes. You must still affirmatively state the will waives bond. Silence defaults to bond required under Rule 5.480.
Can I e-file Form P-5.1700 without a lawyer?
Yes. Pro se filers can register at myflcourtaccess.com and file directly, as long as they meet the sole-interested-person rule under Rule 5.030.
What happens if I forget a beneficiary in Paragraph 6?
No good outcome — the order admitting the will can be voided, and the estate may have to be reopened years later under § 733.903, F.S.
Do I need a notary for the verification?
No. Florida allows a perjury statement under § 92.525, F.S. instead of notarization, although some counties prefer notarized signatures.
Related reading
- How to Fill Out Florida Form P-3.0210 (w/Examples) + FAQs
- How to Fill Out Florida Form P-3.0500 (w/Examples) + FAQs
- How to Fill Out Florida Form P-3.0600 (w/Examples) + FAQs
- How to Fill Out Florida Form P-3.0610 (w/Examples) + FAQs
- How to Fill Out Florida Form P-3.0801 (w/Examples) + FAQs
- How to Fill Out Florida Petition for Authorization to Act (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs