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TRAVIS R. WALKER, P.A.

Home » Divorce » Florida Divorce Process Flowchart

Florida Divorce Process Flowchart: A Visual Guide

Navigating Dissolution of Marriage Under Florida Statutes Chapter 61

Both Paths → Same Procedure

📋 File Petition for Administration

File in circuit court of decedent’s domicile county. Include death certificate, original will (if testate), and proposed Personal Representative. Pay filing fees.

📄 Letters Issued by Court

Court issues Letters Testamentary (testate) or Letters of Administration (intestate). PR now has legal authority to act for the estate.

📢 Notice to Creditors

Publish Notice to Creditors in local newspaper once weekly for 2 consecutive weeks. Serve known or reasonably ascertainable creditors directly.

⚠️ Starts 3-month claims period

📊 File Inventory

PR files verified inventory of all probate assets with fair market values as of date of death.

📅 Due: 60 days from Letters

⏳ Creditor Claims Period

Creditors must file claims within the statutory period. PR reviews claims and pays, objects, or settles according to F.S. 733.707 priority.

⏰ 3 months from 1st publication OR 30 days from direct notice (whichever later)

💰 Pay Debts, Expenses & Taxes

Pay valid claims in statutory priority order. File decedent’s final income tax return and any required estate tax returns (federal if estate exceeds exemption).

⚠️ Resolve Disputes (If Any)

Will contests (testate), heir disputes (intestate), creditor objections, or breach of fiduciary duty claims may require litigation before proceeding.

📑 Final Accounting & Petition for Discharge

PR files accounting of all receipts and disbursements. Petition for discharge, plan of distribution, and waiver/receipts from beneficiaries.

🏠 Distribute Assets

Distribute remaining assets per will terms (testate) or F.S. 732 intestate succession. Transfer real property, retitle accounts, distribute personal property.

✅

Estate Closed

PR Discharged

📌 Summary Administration Alternative

If the estate value is under $75,000 (excluding exempt property) OR the decedent has been dead for more than 2 years, Summary Administration under F.S. 735 may be available—a faster, simplified process without a formal PR appointment.
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