Legal Question in Wills and Trusts in Florida
Do you have to by law notify the court when someone passes away. The named executors in the will are refusing to file the will and are just selling off household items and not contacting creditors. is this legal?
1 Answer from Attorneys
Even if no probate is required, the law requires the Will of someone who passes to be filed with the court within 10 days of their death.
Usually this is not a problem, even if filed after 10 days. However, if someone wants to press it there is a procedure to compel them to file it, and they can be charged for costs to do it.
The question is whether they are selling off probatable assets and defrauding creditors. Household items are not normally included because they often are exempt from creditors, but not always. If there are no probatable assets, then creditors are out of luck anyhow.