Legal Question in Wills and Trusts in Florida

Bank Account

My mother passed away and left a will. However, there are no funds to distribute as listed in the will, so we have not probated the will since it will cost money to probate a will that has nothing to distribute. She did have a bank account with some small funds listed solely in her name. I am the executrix of the will. Without probate, is there anyway to release those funds in the bank?


Asked on 4/07/09, 10:24 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Bank Account

Go to the court house and the probate people will have a form for you. Tell them you need an adminstration without assets, which is available when the exempt assets do not exceed the medical and funeral expenses. It is essentially a letter to the court, that is sworn to, and then the probate court enters an order allowing disposition of the assets without administration.

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Answered on 4/07/09, 10:31 am


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