Legal Question in Wills and Trusts in Florida

how do i find out if a will is in probate,my brother is the executer off the will and how do i find out if the will is in probate


Asked on 1/26/13, 8:55 am

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You can access filed probate in each county by going online to the county courthouse portal or go to the probate court and request this information.

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Answered on 1/26/13, 9:06 am
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

You would need to check with the Clerk of the Court in the County in which your brother died. Often these records are online as well. Sometimes if a person dies and they have less then $75,000 in assets and nothing that needs to have the title transferred (car or house), nor court permission to access (like bank account (would not need court permission to access if wife or other family members name was on the account) then there might not be a need to probate the estate. Remember something's can pass by law outside an estate, like life insurance and pay on death accounts, and heirs only receive after all funeral expenses and creditors are paid.

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Answered on 1/26/13, 9:45 am
Lucreita Becude Lucreita D. Becude, P.A.

File an action in court for probate and force him to produce the will.

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Answered on 1/28/13, 5:06 am


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