Pursuant to 5.030 Probate Rules of Court every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida.

Estate – Distribution of Personal Property
Florida Statute 735.301 states:

“No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled. Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.”

Note: Click on the following link to access the Florida Statutes and to view information regarding personal property exempt under s. 732.401. Florida Statutes

Instructions and forms for Disposition of Personal Property
(Click link to access form packet.)

For more information concerning estates or guardianships, contact your lawyer or the law library. If you do not have a lawyer, contact the Florida Bar Lawyer Referral Service or your local bar association office.

Sarasota Law Library (941) 861-8191 2050 Adams Lane Sarasota, FL 34237	Sarasota County Bar Association (941) 366-6703 PO Box 507 Sarasota, FL 34230
Florida Bar Lawyer Referral Service 1-(800) 342-8011

Sarasota Office Probate Department 2000 Main Street, Room 102 Sarasota, FL 34237

Venice Branch R. L. Anderson Administration Bldg. 4000 South Tamiami Trail, 2nd Floor Venice, FL 34293

Guardianship
Guardianship is the duty or authority of a person lawfully invested to manage the estate of another. There are various types of guardianships. An attorney can assist you in determining what type, if any, is needed. There are programs available to help guardians understand some of the basics involving guardianships. Please contact the State College of Florida at (941) 752-5203 for more information.

Forms
Forms are available through the Law Library or the Florida Bar Association.

Probate
Wills are filed only after a death, and there is no charge for filing a will. The law requires the will be filed with the Clerk of the Circuit Court within ten days.

The probate application provides access to information on wills and guardianships in Sarasota County. Probate information is available for cases where the most recent disposition date is less than ten years old.

This web site is maintained by the Sarasota County Clerk of the Circuit Court (the "Clerk") and is provided to the public free of charge. While the Clerk uses its best efforts to maintain this web site and to provide accurate and current information, the Clerk makes no representations, guarantees, or warranties with respect to this web site's information or content as viewed or accessed using computer hardware or software that is not controlled or maintained by the Clerk. Accordingly, the Clerk is not responsible for any defects, inaccuracies, misinformation, or damages of any kind, specifically including consequential damages, arising from the use or access of this web site's information using computer hardware or software that is not controlled or maintained by the Clerk.

 

Furthermore, this web site contains references to other web sites and information not maintained by and beyond the control of the Clerk. The Clerk has no control over such web sites and information, and makes no representations, guarantees, or warranties with respect to such sites, including the accuracy, currency, content, or quality of the information contained thereon.