Legal Question in Wills and Trusts in Florida

Re: Not recording will after death

Mosts states have an intestacy statute the spell out how the estate is to be divided among the legal heirs.

Re: Not recording will after death

What do you mean by recorded? If a will was not written it can be dealt with one way, but if a will was written and has not yet been submitted to the court this is a different issue.

Re: Not recording will after death

Is there a will or not? If there is a will, the beneficiaries and heirs can collectively agree to an alternate distribution. If there is no will, then state intestacy laws apply. Again, the family can agree to redistribute as they see fit.

Re: Not recording will after death

A WILL IS ONLY EFFECTIVE AFTER THE PROBATE COURT ADMITS IT AS THE DEDEDENT'S LAST WILL AND TESTAMENT = PROBATE. IF NO WILL SHOWS UP, THE STATE LAWS DETERMINE TO WHOM THE ESTATE ASSETS GO = PROBATE. PROBATE IS REQUIRED IN EITHER CASE.