Filing Probate Estate With Florida Without An Attorney
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FAQ
Under Florida law, you are required to hire an attorney to assist you with the probate process in most situations. An attorney is not legally required in the following situations: Summary administration. Disposition without administration.
The custodian of a Will must deposit the original copy of the Will with the clerk of the Court having the venue of the decedent's estate within 10 days of receiving information that the testator is dead. (S. 732.901, Florida Statutes.) There is no fee to deposit the Will with the clerk of Court.
Thus, while it is not mandatory under Florida law to hire an attorney to handle the probate process, it is strongly recommended?even when the process involved is the shortened form of Florida probate called Summary Administration.
Formal administration in Florida Submit the will. First, you'll submit the will to the deceased's local court. ... File for probate. ... Receive authorization from the court. ... Contact beneficiaries. ... Inventory assets. ... Pay debts. ... Request approval to distribute assets. ... Close the estate.
Your will doesn't need to be prepared, or even reviewed by an attorney for it to be valid. There are many tools online that can help guide you as you prepare your will. If you do create your own will in Florida, however, it still needs to abide by all of Florida's state laws regarding wills and estates.