Legal Question in Wills and Trusts in Florida
Initiation of probate proceedings
What is the time requirement for initiating Fla probate proceedings after death and if not done in such time period is that grounds to petition court to begin preceeding and ask for removal of personal rep listed in the will for neglect of fiduciary duties?
2 Answers from Attorneys
Re: Initiation of probate proceedings
Florida law says a will shall be turned over to the court within 10 days of death, but mandates no time period to initiate the probate proceedings. Withholding a will, or unreasonably delaying initiating probate when the named personal representative has access to the original will, could be considered by the judge in selecting the personal representative. An heir, beneficiary, or creditor could jump start things by initiating probate - he/she would need an attorney to do that.
Re: Initiation of probate proceedings
Any interested person, that is any heir or creditor, may petition the probate court to begin preceedings. Because a Will may ask that a specific individual be named personal repreprestative is not binding on the court.
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