Legal Question in Wills and Trusts in Florida

You will need to have an attorney file a Summary Administration case to dispose of the home. For assistance, please contact my office at 904-371-3538 or email me at [email protected].

Youll find that the Court Clerks will direct you to seek an attorney since they are not permitted to give legal advice. You should gather information such as: Total date of death value of all assets in all states, not just Florida (for Estate tax clearance purposes), get "exemplification" of documents from the Probate Court located in county of decedent's last residence from that Court's Clerk; gather names and addresses, and perhaps phone numbers of all parties listed under the last will and testament; get market value of Florida realty from local realtor, and pull title search to determine if the property is truly in the decendt's name or you need to clear a "cloud from the title".

If Florida realty (and all personalty- should no other probate be opened in another state) are under $75,000 at Date of death, then people named in the Will or their direct descendants ( or "intestate" heirs -normally the spouse, and children including pre deceased children) will get a Summary Order subject to creditors having a right against them for 2 years following the Court Order, unless you publish in the local news paper for 3 months following the receipt of the Court Order.

You will need an attorney to assist you with this process, and must formally notify by certified mail all creditdors when you file your initial court documents, note that fees and some local Court costs may vary greatly. The Order itself passes title to the named heirs set forth in the Order. Hope this helps.

You are required to use an attorney. They will be able to better advise you.