Legal Question in Wills and Trusts in Florida

The Probate Process

Once a will is filed with the probate court, what sort of docket entries would I find at the Clerk of Court's office if there were issues needing mediation or judicial decision? Is it similar to civil law, where attorneys file a notice of appearance along with their pleadings?

My landlords (husband/wife) died within a few weeks of one another in March, and per the Wills, I was to be given first dibs on the property's purchase at a reduced price. The executor tells me it's hung up in the courts, but when I look at the probate file online (Clerk's website) all I see is the filing of the Will (and no hearings, etc). Does this sound right?


Asked on 6/14/04, 4:08 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: The Probate Process

As a beneficiary you have the right to know what is happening. 3 months is not an unreasonable delay. Either you or your attorney can contact the attorney for the estate.

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Answered on 6/14/04, 4:33 pm
Douglas R. Coenson, Esq.

Re: The Probate Process

It is possible that only the will has been filed and no hearings have yet been set. When hearings are set, generally a Notice of Hearing is sent to all interested parties. I recommend that you contact the Personal Representative (executor) and/or consult a probate an attorney in your area to best protect your interests.

Should you have further questions, please feel free to contact me directly via email or phone at (407) 353-4728.

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Answered on 6/14/04, 4:47 pm


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