Legal Question in Wills and Trusts in Florida

Will not filed in probate

If a will is not filed with probate court, is it still valad? One of six siblings claims there is nothing left of their mothers assets therefore he has not filed the will. He was named executor just recently and claims there are no assets. Brothers and sisters know there was CD's in a lock box in the bank.


Asked on 3/15/00, 4:12 am

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Will not filed in probate

Florida Law - If there are not any assets then the filing of the Will is not necessary. However, if there are assets in your mother's name only then the original Will must be filed. If you must file and you do not have the original Will then it does get more complicated but can be done. If those accounts had a joint name or a beneficiary, then they automatically go to that named person or persons.

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Answered on 4/05/00, 3:15 pm


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