Legal Question in Wills and Trusts in Florida

Re: Will deposited in Probate Court

The probate court doesn't care if anything is ever filed. However how are you going to handle the assets that belonged to the decesased person?e

Re: Will deposited in Probate Court

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.

There is not an easy or clear answer to your question. Frankly, it depends on how much the parties fight and whether an agreement can be reached or if the case will have to go to trial. Each case is different. Your cost will depend upon the case and the attorney you choose to represent you. Attorney's fees vary greatly from attorney to attorney.

The is basicially the same question as previously posted. Generally, the will is deposited into the Court by the attorney who has been retained to file the probate. If a will is deposited or filed and no attorney is hired, then if the estate is never probated, the property will never be distributed to the rightful beneficiaries regardless of the value of the assets. Eventually, it will most likely get destroyed over a period of time.

Scott R. Jay, Esq.

Re: Will deposited in Probate Court

No one will require you to retain an attorny and become personal representative of this estate. However, no one will be appointed personal representative without retaining an attorney. A personal representative may be a close relative or any Florida resident, assuming they are not felons and that they are over 21. I suggest you speak with an attorney.