Lake County Clerk of the Circuit Court and Comptroller
Gary J. Cooney, Clerk

Frequently Asked Questions

Probate

• What is a probate?
  

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

• What is a will?
  

  A will is a document which, among other things, indicates how a person wants his or her property to be distributed after death. The will generally recommends a personal representative to administer the estate. A will does not, however, transfer the title to real property.

• When and where should a will be deposited?
  

  After the death of the person, the custodian of the will must file the original will 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. This should be done within ten days after receiving information that the person is deceased. (per 732.901 - Production of Wills)

• When is a probate needed?
  

  Probate is necessary when a court order is required to transfer or distribute the assets of the estate. Probate is not needed if all assets were jointly held and one of the joint holders is the survivor.

• What are the different types of proceedings?
  

  Formal Administration is used when there are considerable assets or other special circumstances. There will be a personal representative appointed and letters of administration will be issued so that he or she may complete the administration. An attorney must file these proceedings. Summary Administration may be filed when the value of the entire estate does not exceed $75,000. The Clerk has forms for you to file the Summary Administration with or without will. Disposition of Personal Property Without Administration is filed to request release of assets to the person who paid the final expenses, such as funeral bills or medical bills for the last 60 days. You may qualify for this procedure if you meet all three of the following:

  1. The value of the assets is less than $6,000.
  2. You paid the final expenses, such as funeral bills or medical bills for the last 60 days.
  3. These expenses total the value of the assets or more.

  If the Court approves of the release of the decedent’s assets, a letter on judge’s stationery will be prepared. The petitioner must then take the original letter to the company/institution in possession of the asset(s). The Clerk’s Office can assist you in this proceeding.
   

• 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 fee will be assessed if approved by the judge. The current fees can be obtained by reviewing the Clerk's website under "Probate, Guardianship and Trust Fees" or by calling the Probate Department of the Clerk's office at (352) 742-4122.
     

   

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

  The property will be distributed in accordance with the provisions of Sections 732.101 and 732.106, Florida Statutes.

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

  A living will is a document in which an individual states what medical measures he wants taken or withheld in the event of terminal illness or permanent unconsciousness. This document is not deposited with the Clerk’s Office. See Florida Statutes Chapter 765 Part III (Section 765.301, etc.)

 

NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to public records requests, do not send electronic mail to the Clerk’s Office; instead, contact this office by phone or in writing.