Q: i am the executor of my mothers estate. I am trying to file the needed documents on my own but I have a few questions.
A: Well first of all if a formal administration is needed where you would be the personal representative, by law, you must have an attorney to represent you. If a formal administration is not needed you may be able to administer the estate without an attorney. The best solution would be to have a consultation with a probate attorney in your area to determine what type of estate is needed so you can have the proper assistance to proceed properly.
Phillip William Gunthert agrees with this answer
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A: Very sorry for your loss and the passing of your mom, please accept my condolences at this difficult time. Unless you are filing a disposition of property without administration, it is not likely you will be allowed to file probate on your own without the help of a Florida Probate Attorney, you can try, but the judge may/will likely say no. It is allowed in narrow and limited circumstances. You can contact a Florida Probate Attorney but they will also charge their hourly fee to get those questions addressed and answered, some may be more helpful and flexible than others. In Florida the executor is the personal representative, but you first have to determine what type of probate would be best suited for you under all the circumstances, this will be determined by type and value of assets that need to go through probate, if any.
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