Notice Of Administration Intestate

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Notice Of Administration Intestate is a commonly used form within Florida. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Notice Of Administration Intestate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Notice Of Administration Intestate:

• This form pertains to the State of Florida

• The current version of this form was last revised on January 1, 2025

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Florida’s Form P3-0804 - Notice Of Administration Intestate up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Florida form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Florida probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form P3-0804, take a break, and then review. Probate and estate settlement processes in FL are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form P3-0804 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form P3-0804 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Notice Of Administration Intestate to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Florida.

5 reasons you should submit P3-0804 as quickly as possible:

1. The sooner you begin, the faster Florida can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Florida. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Florida is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Florida probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Florida probate clerk or court for exact answers regarding Form P3-0804, and when in doubt— consult a qualified trust & estates lawyer for that area.

Notice Of Administration Intestate is one of the many probate court forms available for download through Atticus.

It may also be available through some Florida probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Florida.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form P3-0804 - Notice Of Administration Intestate f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Florida probate court office.

Notice Of Administration Intestate is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Florida-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Florida Form P3-0804 - Notice Of Administration Intestate. You can use this to get an idea of the context of the form and what type of information is needed.

Bar Form No. P-3.0804-1 of 2 © Florida Lawyers Support Services, Inc. Revised January 1, 2025 COUNTY, FLORIDA PROBATE DIVISION IN THE CIRCUIT COURT FOR File No. Division IN RE: ESTATE OF ________________________________ Deceased. NOTICE OF ADMINISTRATION (intestate) The administration of the estate of , deceased, is pending in the Circuit Court for County, Florida, Probate Division, the address of which is . The file number for the estate is .The estate is intestate. The names and addresses of the personal representative and the personal representative's attorney are set forth below. The fiduciary lawyer – client privilege in section 90.5021, Florida Statutes, applies with respect to the personal representative and any attorney employed by the personal representative. Any interested person on whom a copy of the notice of administration is served must file with the court, on or before the date that is 3 months after the date of service of a copy of the Notice of Administration on that person, any objection that challenges the validity of a will admitted to probate, venue or jurisdiction of the court. The 3 month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by section 733.212(3), Florida Statutes, all objections to the validity of a will admitted to probate, venue or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration. Persons who may be entitled to exempt property under section 732.402, Florida Statutes, will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of a copy of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceedings involving the construction, admission to probate, or validity of a will or involving any other matter affecting any part of the exempt property. Bar Form No. P-3.0804-2 of 2 © Florida Lawyers Support Services, Inc. Revised January 1, 2025 The personal representative has no duty to discover whether any property held at the time of the decedent’s death by the decedent or the decedent’s surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, Florida Statutes, applies, or may apply, unless a written demand is made by the surviving spouse or a beneficiary as specified under s. 732.2211, Florida Statues. Unless an extension is granted pursuant to section 732.2135(2), Florida Statutes, an election to take an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, an attorney in fact or a guardian of the property of the surviving spouse; or the date that is 2 years after the date of the decedent’s death. Under certain circumstances and by failing to contest the will, the recipient of this notice of administration may be waiving his or her right to contest the validity of a trust or other writing incorporated by reference into the will. Attorney for Personal Representative: Personal Representative: Signature Printed name: ___________________________ Email Addresses: Florida Bar No. (address) Telephone: Signature Printed name: __________________________ address [Print or Type Names Under All Signature Lines]