Legal Question in Wills and Trusts in Florida
Does a will and/or power of attorney need to be filed with the county clerk?
Asked on 7/24/14, 8:49 am
4 Answers from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
After death a will should be filed with the probate clerk. A POA is typically not filed in the public records at all as it can be withdrawn at any time by its terms.
Answered on 7/24/14, 8:52 am
David Slater
David P. Slater, Esq.
No such requirement unless you file will for probate after makers death.
Answered on 7/24/14, 9:09 am
Joseph Pippen
Law Office of Joseph Pippen & Associates
Wills are filed after death and POA's are filed while living if needed.
Answered on 7/24/14, 5:36 pm
According to Florida Law, an original will should be filed with the court within 10 days of the person's death. Even if longer than 10 days, the will should be filed. If an original is lost, a copy can be filed. POAs are not filed with the court unless part of a litigation or other matter.
Answered on 7/24/14, 6:52 pm
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