Legal Question in Wills and Trusts in Florida

Probate Will in Manatee County Fla

My brother and I are Co executors of

my mother's will and the only heirs,

we have a good will & death

certificate, but we live in NJ. Can we

legally probate this will and can this

be done from NJ


Asked on 11/20/07, 11:34 am

4 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Probate Will in Manatee County Fla

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Absolutely. There is generally no need for you to ever come to Florida to probate your mother's will. You will need to retain legal counsel to file the estate on your behalf. A qualified attorney who is versed in probate matters will know exactly what to do in handling all matters on your behalf. The will is supposed to be filed within 10 days of your mother's death, although this deadline is often not met. The estate should be filed as soon as possible so that publication of the notice to creditors can be published so as to begin the claims period of 90 days and thus hasten your distribution of the assets of the estate.

Scott R. Jay, Esq.

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Answered on 11/21/07, 12:49 am
Michelle Hofkin Law Offices of Michelle Hofkin

Re: Probate Will in Manatee County Fla

My sympathies for the loss of your mother.

It depends. If the value of her assets are less than $75,000 then technically yes you can do this from NJ via mail however I would NOT recommend it. Summary Administration tends to be much more complex than it seems. If the value of her assets exceeds $75,000, then a Formal Administration will be required. You will have to retain a FL attorney for a Formal Administration.

Best of luck.

Regards,

Michelle

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Answered on 11/20/07, 11:47 am
Stanley Miller Stanley M. Miller, P.A.

Re: Probate Will in Manatee County Fla

Most definitely. In fact I have probated in many counties in Florida. Most of the time an attorney can do all the work from the office and never has to step inside the courthouse. I do lots of mail aways to the heirs and executors. Manatee County is right next door to Pinellas County, where I am located. Please call me to discuss the proceedure.

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Answered on 11/20/07, 1:51 pm
Frank J. Pyle Probate Attorney Throughout Florida

Re: Probate Will in Manatee County Fla

Yes, you may legally probate the will. You will need the assistance of a Florida attorney. I recommend you shop around before retaining an attorney, as the attorneys fees vary greatly from one attorney to another. The attorney need not be located in Manatee County.

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Answered on 11/20/07, 2:54 pm


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