Florida Petition For Order Requiring Production of Will
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FAQ
Stat, section 735.203- Petition for summary administration, if there is a surviving spouse, he or she must sign the petition for summary administration. Any beneficiaries must also sign the petition, unless the beneficiary will receive a full distributive share of the estate under the proposed distribution.
No, a Florida will does not need to be recorded to be validly executed. However, your will is probated after you die, and at that point it will be part of the public record. Some legal documents need to be recorded. Recording means making a public record of your transaction.
Ing to Florida law, the individual who is in possession of the will must file or register it with the local court clerk within 10 days of death.
Yes. All original wills must be deposited with the Court. If you are in control of an original will you must deposit it within ten (10) days after receiving information that the testator is dead.
If probate is not filed, the probate court will not distribute the assets of the estate. The probate process provides a legal mechanism for resolving disputes over the estate, and without it, beneficiaries may have to resort to litigation to assert their rights.
Florida Statutes 732.901 sets this rule out in detail. In particular, the statute requires that whoever is in possession of the original must deposit it with the court within ten (10) days from the date the possessor is notified of the decedent's death.
Under FL. Stat, section 733.109- Revocation of probate, an interested party can initiate a proceeding to revoke probate by filing a petition with the court having jurisdiction over the administration.
Someone, usually your executor or a family member, files your will (if you had one). In Florida, they have 10 days from the date they are notified that you have died to file your will. The court validates your will. The court appoints a personal representative, or executor, to oversee your estate.