Q: I have a pending wrongful death case with no assets unless we win. Can I wait to hire a probate attorney?
A:
I am very sorry for your loss and please accept my sympathy and condolences.
In order to be able to pursue a wrongful death lawsuit or really do anything on behalf of an estate and or a deceased with banks or otherwise you will need to contact a Florida Probate Attorney and petition to become the Personal Representative of the Estate. Florida law requires that a probate attorney represent you in opening a Formal Probate, a Formal Probate is what will be needed to be named the Personal Representative of the Estate. Once you are named the Personal Representative you will be able to pursue the wrongful death lawsuit with a Florida Civil Litigation Attorney. Your starting point should be a Florida Probate Attorney, some are willing and able to work with you based on circumstances. In order to start a Formal Probate the initial filing fees alone are about $400, but like I said, law offices will work with you differently and as needed at times. While an estate may initially not appear to have anything in it, checking the mail and other accounts that show up at times will show that there are indeed some things that may additionally need to be addressed along with the wrongful death lawsuit. I would also encourage you not to delay on these matters as there are statutorily mandated timeframes that you have to follow for lawsuits of this type. Your starting point is a Florida Probate Attorney. Also, if there is a Will, you should make a copy of it and then submit the original to the clerk of the court in the county where the deceased lived, if there is no Will, then the Florida Intestate Statutes (without a will) are going to apply. So, no, you cannot wait to hire a probate attorney because you need to be named the Personal Representative by opening a probate and petitioning the court for the approval of being named the Personal Representative, then you can pursue the lawsuit on behalf of the estate of the deceased and all beneficiaries.
C. Randolph Coleman agrees with this answer
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