Legal Question in Wills and Trusts in Florida
filing a petition when lack of will or will unknown
How does one file a petition to administer the estate in the absence of a will in the state of Florida? Should we have an attorney in Florida? I do not live in Florida. My deceased father lived in Florida.
3 Answers from Attorneys
Re: filing a petition when lack of will or will unknown
You will need a Florida probate attorney. It is not a difficult procedure, but it will need to be done here in Florida.
Re: filing a petition when lack of will or will unknown
You will need an attorney. If there is no will, the estate will be probated under Forida Rules of Intestacy.
Re: filing a petition when lack of will or will unknown
The procedure is the same with (testate) or without (intestate) a will. The probate will be filed in the county where he resided, although any Florida attorney can handle it for you. Depending on what needs to be probated, it may be possible to do a Summary probate, which is cheaper and quicker than the full probate process.
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