Legal Question in Wills and Trusts in Florida

where to file for probate

is it in the state,city where you died?or where the will was made( another state) looking to contact a probate court for legal papers submitted to make sure my friend got all the monies she was due from her mothers estate.she only got a check and computer figures from her brotherinlawNO bankstatements,etc do not want them to know we are checking into this,,only if we find an error and then we will hire a lawyer


Asked on 8/25/07, 9:08 am

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: where to file for probate

Probate is to be initiated in the county of residence of the deceased, normally as reflected on the death certificate.

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Answered on 8/25/07, 9:12 am
Scott R. Jay Law Offices of Scott R. Jay

Re: where to file for probate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A probate is supposed to be filed in the county and state of the decedent's domicle or residence. If any real property is owned in another state, an ancillary probate must also be filed in that state. Keep in mind, that the wills are kept in a separate location and generally not available to the general public.

Scott R. Jay, Esq.

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Answered on 8/25/07, 11:01 am


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