Legal Question in Wills and Trusts in Florida

Re: Estate requirements

First, my condolences on your loss.

Second, you do not need to fly down to Florida. There may be no need to probate the estate based on the information that you have provided. However, without probate you may receive phone calls and letters from creditors in the future. (I assume that there is no spouse?)

If you choose to probate you can initiate a Summary Administration in the county where your mother lived at the time of her death or where she had any assets. You can do this through the mail and via telephone in most cases. The benefit of Probate in your case is to notify the creditors, absolve their claims through the court, and prevent any future claims against the estate. With the limited assets you describe there really is no money available to the creditors and honestly the filing of Summary Administration will use up a good portion of the cash. It still may be beneficial to proceed with the Summary Administration, if only for the peace of mind it will provide.

You did not specify which county your mom lived in, but most of the Clerk's offices have some guidance on their websites regarding the Summary Administration, associated fees, and what you need to file. You can also call the Probate Clerk in that county for more information. Typically you will need a copy of the death certificate, a will (if there is one), a list of all assets (bank account information) and you will need to "draft" a Petition for Summary Administration and Proposed Order. Both of these forms can be obtained from the Clerk's office or the Florida Supreme Court website. (You can also send me your email and I will forward you a template, but do not post your email address in the forum)

You mentioned the residence is held in your name, as long as there can be no claims of a fraudulent transfer, the residence will not be subject to any creditors of your mother's (unless you are also on the debts). If you are interested in finding out more about your options with regard to the residence or have any questions about the probate please feel free to contact me.