Legal Question in Wills and Trusts in Florida

Re: locate a will

When someone passes away there must be a determination if the estate needs to pass through probate. If the estate has to pass through probate then the Will if there is one, must be filed at the Circuit Court, Probate Division in the County where the decedent resided. If the Will was filed with the court then it is a matter of public record and anyone can go to the probate division and request a copy of it. If you are trying to find a Will because you want to file the probate case and you can't locate the Will, then the case can still be filed with the Court without the Will. Feel free to call me if you have any further questions. (954) 966-4140 Sincerely, Melody Stickel-Martinez, Esq.

How to find a Will.

Q. How can you locate a will of someone who has passed away?

A. Check the Courthouse, Probate Div., to see if a Will has been filed for Probate or Safe Keeping. If there is not a Will on file, then check the deceased's personal records and phone lists to see if an attorney was listed. Then check with that attorney. Look for a safe deposit box or valuable papers; carefully look throughout the deceased's residence. Ask relatives and friends if the deceased mentioned a Will. If one can't be found, then Fla. Law governs and assets will pass as set forth in F.S. 732.102 and 732.103