Legal Question in Wills and Trusts in Florida

Re: I have a will, Party died, now what do I do?

The will should be filed at the local court house where your mother died.

Re: I have a will, Party died, now what do I do?

You may have to file the will with the local Surrogate's Court for probate. Feel free to contact my office to determine whether probate is necessary for your mother's estate.

Re: I have a will, Party died, now what do I do?

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.

Under Florida law, a Last Will and Testament is supposed to be filed within 30 days with the probate court in the county in which your mother resided. You would be well advised to review this matter with an attorney prior to filing, however, because if an estate is required, an attorney will be necessary to handle the estate for you and he or she will file the Will as part of the estate. If an estate is not necessary, the attorney can advise you and then it is up to you whether or not you choose to go ahead and file the Will anyway.

There is no way to know if the will in your possession is the final Last Will and Testament. Unless you have reason to believe otherwise, the Will you have should be considered as the final writing of your mother.

Scott R. Jay, Esq.