Legal Question in Wills and Trusts in Florida

How long after a person dies is the will of the deceased still legitimate


Asked on 7/01/11, 5:08 pm

3 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

A will should generally be filed in the deceased's county of residence probate court. If the will is valid under FL law, i.e., properly executed, disposes of estate property, pays expenses, and names a personal representative, the will be valid or legal unless it is lost, not filed, and the estate is otherwise administered. There is no fixed expiration of the will; however, it must be valid in meeting FL legal requirements and must be filed in the probate court.

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Answered on 7/01/11, 6:19 pm

It stay legally binding if probate is needed forever, or until it is either declared invalid or replaced with a subsequent Will/Codicil.

I have probated Wills of people that have died as far back as 15 years from their death.

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Answered on 7/01/11, 6:23 pm
Lucreita Becude Lucreita D. Becude, P.A.

You should file the will within 10 days after death.

Florida Probate 732.901

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Answered on 7/02/11, 8:05 am


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