Orange Park, FL asked in Consumer Law and Probate for Florida

Q: How long does it normally take to receive the status of administrator in Florida when spouse died without leaving a will

My husband died without leaving a will or power of attorney to me so I have to go to the court-house to petition for administrator of his estate. His assets are around $20k (2 cars and a bike and some money in the bank, about $2k). The cars are paid off as well as the bike. One car is used by me. I need a vehicle to go to work. We also have a mortgage but I am a co-signer here and my name is in the deed. He has some credit card debts total around $11k and a loan. The loan has an insurance. His credit card debts are under his name as well as the loan. My husband was paying all the bills so I can not afford a lawyer. What my steps should be? How long does it take in Florida to become the administrator of his estate? Thank you.

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1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Probate Lawyer
  • Fort Lauderdale, FL

A: For these assets you may not need to be appointed personal representative. You may be able to transfer title to the motor vehicles as exempt personal property because you are his wife with just his death certificate, you should check with your local motor vehicle office, since this may depend on how they are titled and the liens would need to be satisfied. As to the bank account, you may be able to do a disposition of personal property without administration. You would need proof of payment of final medical expenses and disposition of his remains. You should check with you local probate clerk's office. You would need to pay the filing fee. If the debts are only in his name and there are not sufficient non exempt assets to pay them you probably will not be liable to pay them. You should see if you can get a free or low cost consultation with a probate attorney from your local bar association to review these matters.

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