Asked in Estate Planning and Probate for Florida

Q: Florida law - My father died, with a will, and named my brother as executor. Do I do anything in the meanwhile?

I am wondering if I am supposed to ask for a copy of the will, bank statements, etc. or just wait for the process to take its course. Thanks.

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3 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Estate Planning Lawyer
  • Miami, FL
  • Licensed in Florida

A: My condolences for your loss. You can follow up with your brother regarding beginning the probate administration of the estate. Per Florida law, the last will must be deposited with the clerk of court within 10 days of after receiving notice of death. While any interested party can petition the court to appoint a personal representative for the estate and commence probate proceedings, it is common practice to give the appointed executor some time to hire a probate attorney and begin the process.

Phillip William Gunthert and Seril L Grossfeld agree with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Estate Planning Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Assuming you are a beneficiary in your father's Last Will you are entitled to haver a copy of it. You should wait for everything else to happen.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss and the passing of your father, please accept my condolences. Once the probate process commences you will be able to get a copy of the Will from the clerk of the court in the county where your dad lived/where the probate is being filed. As a courtesy, the estate personal representative (if there is one depending on the type of probate filed) or the estate attorney should update you and send you a copy of the Will as a courtesy and or upon request. You should also get information and all documents related to filing, especially a copy of the estate inventory and eventually an accounting, etc. You should also be aware, the estate attorney does not represent you or your interests as a named beneficiary, the attorney is working for the personal representative/probate estate. If you have any doubts or concerns then I would encourage you to have your own attorney that will advise you and answer your questions as issues arise and the probate progresses.

1 user found this answer helpful

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