Legal Question in Wills and Trusts in Florida

Yes, depending on how her assets were titled. If solely in her name, probate fo the will is the next step. This will require an attorney.

It's impossible to write everything here to direct you fully through the process of what needs to be done. However, I can give you some basic steps to start it.

The first thing is to get the original Will along with copies of all bank, brokerage and other financial statements (including insurance policies). You will need copies of deeds to real estate she may own, and at least 2 death certificates (preferably 2 w/o cause of death for legal, and one each with cause of death for insurance (the rest can be either way)). Names, addresses and telephone numbers are needed for anyone who may be entitled to assets, including spouses, children, grandchildren, brothers/sisters, etc.

Then, you need to meet with a probate lawyer to review these matters. The attorney can determine if probate is required, what type of probate (if any), what needs to filed or recorded, and what papers need to be created.

Sometimes it is very easy if all assets are held jointly, ITF, or have a named beneficiary. If an asset is held by her alone, then probate may be needed. If you go to a financial institution and they say they need some legal document from the court, then its probably probate.

If I can be of further help, please let me know, 888-475-1732.