Opposing Motion Form Withdraw As Counsel
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FAQ
The probate court may grant a petition to establish and probate a copy of a will if all intestate heirs are willing to sign a waiver. However, if there is even one hold-out, a court proceeding will be required to establish the will, and evidence will be required as described in the Florida statute.
Florida Statute §732.901 states that ?the custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.
Florida law establishes the process by which the terms of a missing will may be established. If there is no copy of the will, then the specific content of the will must be proved by two witnesses. If a copy of the will exists, then its content may be proved through the testimony of one witness.
Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.
Section 733.207, Florida Statutes and Rule 5.510 state that if you cannot find the original will, it is easier to prove that the copy of the will is accurate. You will just need to file the copy of the will with the court and find one of the witnesses that saw the decedent sign the will.
In Florida, there is no small estate affidavit but Summary Administration can be used instead. Speed and cost savings are the attractions of Summary Administration. Rather than taking months or years as probate can, summary administration can accomplish a transfer of assets almost immediately after someone's death.
Ideally, all original estate planning documents should be kept with your attorney in their firm's safe or storage space. However, if you do keep your original documents, they should be kept in a safe, fireproof lockbox at home, or in a bank safe deposit box.
Titled Assets Will Not Be Transferred If no one takes the necessary steps to probate the decedent's will, then these assets will remain titled in the decedent's name. This can lead to a whole host of problems, from issues with taxes and registration to the inability to sell the assets at a later date.
