Vero Beach, FL asked in Estate Planning for Florida

Q: My boyfriend just found out his mother died January 2019. He is the only surviving child. How does he find out if there

is a will or probabte?

Related Topics:
1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You will want to look online in the county where she lived on the clerk of the court website, look her up by name and it will show up if a probate was filed by anyone (spouse or anyone else). If there was a Will, then the Will should have been filed with the clerk of the court in the same county within 10 days. If there was no probate done, then nothing will show up in the county where she lived and your boyfriend should speak with a Florida Probate Attorney about starting a probate if you feel one is needed and there are assets (home, bank accounts, etc) that need to be probated. If there is no will, then the Florida Intestate (without a will) Statutes will be applied and used. If your boyfriend does not know where to start or needs help or wants someone to look into this, then a Florida Probate Attorney will also be able to do this and pursue this on his behalf.

Nina Whitehurst agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.