Legal Question in Wills and Trusts in Florida
Handling probate from another state
Our child was a victim of homocide in Florida. His personal property and some cash was held as evidence. The case has been closed for a few months now and we would like to know how to obtain the property. He was not married nor did he have any children. His natural mother cannot be located. We know nothing of his personal affairs. While the case was opened we were told the property would be "released to us". Now that the case is closed no one involved in the case will discuss anything with us. We need to know where to start and what to expect.
1 Answer from Attorneys
Re: Handling probate from another state
On the facts you have given, I may not be able to give you a complete answer. However, assuming your child was a resident of Florida at the time of death, and the only assets are some personal property and less than $3,000.00 cash, the Florida Probate Code provides a process called Disposition without Administration. It is an informal process, found in Section 735.301 of the Florida Statutes, where the Probate Court in the County of last residence, upon letter or affidavit of an interested party, orders the transfer of personal property to those persons entitled to it. This fact pattern does raise other legal questions and you may want to discuss the entire matter with an attorney.
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