Legal Question in Wills and Trusts in Florida

The will needs to be probated. You need to open a probate on the estate, in the probate court. I suggest you involve local counsel to assist you with this.

Upon the passing, there are numerous steps to do. Without becoming to complicated, I will just provide the first steps:

1) If assets need to be probated (and ownership is usually the critical point), then a list of those assets, value and where they are need to be assembled. A copy of the deed for realty is also needed;

2) You will need the original Will if there is one. If only a copy is available get it. Two Death Certificates without cause of death is needed, but can be obtained later;

3) Put together a list of all beneficiaries, their addresses and phone numbers;

4) If you know of creditors of the estate, getting this information will be helpful later;

5) You will need to bring all of this to a Probate Attorney to advise what further steps are necessary.

Depending upon what the attorney finds, the Will will be filed with the court, and notices may need to be sent to a variety of places. At this time it is too difficult to go further. The important point is you need a qualified Probate Attorney to advise you correctly. If I can be of help, let me know.

Mr. Harmon is correct. There are no self-help forms for this type of filing and you need to obtain counsel. If you are in this area, please contact my office for an appointment.

In Florida, a will must be deposited with the court within 10 days of the decedent's death. If the 10 days has expired, it needs to be filed immediately. There are different forms of probate and many duties the Personal Representative (executor) needs to perform. If there are multiple heirs, an attorney is required per Florida law. Should you have further questions or require assistance, please feel free to contact me.