What Documents Do You Need for Probate in Florida? A Complete Checklist

Updated August 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

Losing a loved one is overwhelming, and for many families, one of the biggest challenges is simply figuring out where to begin. Before probate can move forward, it's important to locate the documents, financial records, and legal paperwork needed to identify the estate's assets, debts, and beneficiaries.

"What is Probate?"- Click here

"What is the Probate Process?"- Click here

If no one is living in the decedent's home, gathering these documents quickly is especially important. Important paperwork can easily be misplaced, discarded, or removed before the probate process begins.

At Walser Law Firm, we've helped Florida families navigate probate for more than 40 years, handling over 4,000 probate matters throughout the state. This guide outlines the essential documents and records families should gather to help make the probate process as smooth as possible.

Why Gathering Documents Early Matters

One of the first responsibilities of a Personal Representative is identifying everything the decedent owned and owed.

Missing documents can delay probate, make it difficult to locate assets, or even result in property being overlooked altogether.

Searching the home carefully before anything is removed helps preserve valuable evidence and ensures nothing important is accidentally discarded.

1. Estate Planning Documents

These documents determine whether probate is necessary and who has legal authority to administer the estate.

Look for:

• Original Last Will and Testament 
• Revocable or Irrevocable Trust (Wills vs. Trusts- click here)
• Codicils (Will amendments)
• Pour-Over Will
• Living Will
• Designation of Health Care Surrogate
• Durable Power of Attorney
• Organ donation documents
• Funeral instructions
• Prepaid funeral contracts
• Cemetery deeds
• Letters of instruction or wishes

2. Financial Records

Financial records help identify bank accounts, investments, retirement assets, and other property belonging to the estate.

Search for:

Bank Records

• Checking accounts
• Savings accounts
• Certificates of Deposit (CDs)
• Monthly statements
• Checkbooks
• Credit union accounts

Investment Accounts

• Brokerage statements
• Mutual funds
• Stocks
• Bonds
• TreasuryDirect accounts
• Cryptocurrency records
• Dividend statements

Retirement Accounts

• IRA
• Roth IRA
• 401(k)
• 403(b)
• Pension plans
• SEP IRA
• SIMPLE IRA
• Annuities

Linked here is information on how to access a decedent's bank accounts.

3. Insurance Policies

Locate every insurance policy, even if you believe it's inactive.

This includes:

• Life insurance
• Employer-provided life insurance
• Health insurance
• Long-term care insurance
• Homeowners insurance
• Flood insurance
• Automobile insurance
• Umbrella liability coverage
• Disability insurance

4. Real Estate Documents

Real estate often represents one of the largest estate assets.

Gather:

• Warranty deeds
• Quitclaim deeds
• Mortgage documents
• Property tax records
• Surveys
• Title insurance policies
• HOA documents
• Reverse mortgage paperwork
• Lease agreements
• Timeshare documents

5. Vehicle Titles and Registrations

Don't overlook titled property.

Search for ownership documents involving:

• Cars
• Trucks
• Boats
• Motorcycles
• Golf carts
• RVs
• Jet skis
• Aircraft

Also collect any loan information and extended warranties.

6. Tax Records

Tax returns often reveal additional assets and income sources.

Locate:

• Federal income tax returns
• Business tax returns
• Property tax records
• Gift tax returns
• W-2s
• 1099s
• K-1s

7. Employment and Government Benefits

Don't forget employment records and government benefits.

These may include:

• Pension paperwork
• Deferred compensation plans
• Stock options
• Restricted Stock Units (RSUs)
• Social Security records
• Medicare documents
• Veterans benefits
• Railroad Retirement benefits
• Military retirement information

8. Safe Deposit Box Information

If the decedent rented a safe deposit box, gather:

• Safe deposit box keys
• Rental agreements
• Bank correspondence
• Bank branch information
• Annual fee notices

Safe deposit boxes often contain original estate planning documents, deeds, stock certificates, jewelry, and other valuable property.

Linked here is  more information on how to access a decedent's safe deposit box.

9. Utility Bills and Mail

Utility bills and incoming mail frequently reveal assets that families didn't know existed.

Collect:

• Electric
• Water
• Gas
• Internet
• Telephone
• Security monitoring
• Post Office Box information
• UPS mailbox records
• Magazine subscriptions
• Amazon deliveries

10. Digital Assets

Digital assets are becoming increasingly important during probate.

Look for evidence of:

• Email accounts
• Online banking
• Password managers
• Cryptocurrency wallets
• PayPal
• Venmo
• Cash App
• Zelle
• Social media accounts
• Cloud storage
• Investment apps

11. Valuable Personal Property

Photograph and document valuable items before moving them.

Examples include:

• Jewelry
• Watches
• Firearms (where legally possessed)
• Artwork
• Coins
• Precious metals
• Designer handbags
• Collectibles
• Musical instruments
• Electronics

Immediate Steps to Protect a Vacant Home

If no one is living in the decedent's home, protecting the property should become an immediate priority.

Consider:

• Changing or rekeying exterior locks.
• Making sure windows and doors are secured.
• Activating or maintaining alarm systems.
• Installing or verifying security cameras.
• Photographing every room before property is moved.
• Creating an inventory of valuables.
• Maintaining utilities when necessary.
• Arranging lawn care and routine inspections.
• Forwarding mail through the U.S. Postal Service.
• Keeping a written log of everyone entering the property.

Common Mistakes Families Make

Many probate delays occur because families:

• Throw away paperwork too soon.
• Assume an asset doesn't exist because they can't immediately find records.
• Remove property before documenting it.
• Ignore digital assets.
• Forget to check safe deposit boxes.
• Distribute property before legal authority has been established.

Why Families Choose Walser Law Firm

For more than 40 years, Walser Law Firm has helped families throughout Florida navigate probate with confidence.

Led by Thomas C. Walser, a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning, our team has handled over 4,000 probate matters, including more than 1,000 Summary Administration cases. We understand that every estate is unique and provide personalized legal guidance to help families efficiently identify assets, protect estate property, and successfully complete the probate process.

If you've recently lost a loved one and need help determining what documents are required for probate, contact Walser Law Firm today to schedule a consultation.