Legal Question in Wills and Trusts in Florida

how to start

i live in N.Y. and recently lost my father ,a resident of florida ,he left no will .how does probate work in the state of florida,what is the process and what do i need to do


Asked on 1/03/07, 6:15 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: how to start

Either contact the probate court in the County he lived in or call me. Good luck.

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Answered on 1/04/07, 9:10 am
Frank J. Pyle Probate Attorney Throughout Florida

Re: how to start

Much too broad a question to answer here. Normally you would talk with a Florida attorney to discuss the situation. Questions: What did your father own in his name alone with no beneficiary named? What is the approximate value of those assets? In what county did he live, as that is where the probate would be filed? (Although any Florida probate attorney should be able to handle it even if he/she is not from his home county as your father.) Did he have outstanding creditors at his death? I am assuming he was not married, but the next question would be who were his next of kin? Do you think they are going to cooperate with each other in this process? Once the attorney has a hold of these facts, he/she can give you an educated answer to your question. The bottom line is that if there were assets in his name alone with no beneficiaries listed, those assets will have to go through some sort of probate. If the value is under $75,000 and there are no creditors, and everyone is pretty much in agreement, it may be able to be handled with a Summary (= simpler and cheaper) probate. Other wise it would require the more formal (= not as simple and more expensive) probate. If I can be of assistance, please call, write, or email me and we can discuss it - no obligation.

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Answered on 1/03/07, 7:13 pm


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