Q: What is the latest time to begin probate after death?

A: The will is supposed to be deposited with the Clerk of Court within 10 days of death. However, there is no set time for having to file probate. You don't want to wait too long though as information gets lost, heirs may pass away, and other complicating factors may arise. Schedule a free consultation to make sure all probate requirements are met.

A: The answer depends on the facts of the estate. The last will should be deposited with the clerk of court within 10 days of date of death, and there are also deadlines for filing estate taxes or disclaimers, if applicable. Additionally, some assets such as, bank accounts may be inaccessible without Letters of Administration. It is best to consult with an attorney for more specific guidance.

A: I am verry sorry for your loss on the passing of your uncle, please accept my condolences and sympathy at this sad time for you and your family. Generally, there is no requirement to ever do a probate, you have no such obligation, you can though start a probate at any time. You will need and want to speak with a Florida Probate Attorney and provide additional information and the attorney will be able to guide you on the type of probate, if any, is needed. Based on the type of assets and overall value will determine what needs to be done and what probate should or may need to be pursued. Was there a Will, is there a surviving spouse, is there a homestead and or other real estate, are there assets in another state and so forth, all these issues will matter to certain degree, do you know where all the assets are and or do you need to search for them. In most instances, except for small probate estates and some other limited circumstances, you will likely need a probate attorney to guide you through the process. Some law offices will give you an initial free consultation to review matters and provide general and or specific feedback on your circumstances. A copy of any Will and short form death certificate (no cause of death) will be important starting documents as well, if available.