Q: Death was 9\15\21. How soon does personal representative have to register will at probate court?
4 children. Personal representative gave 3 of them $146,000. A trust for the diabled 4th child was to be funded with $146,000. No trust yet 9 months later. How much time legally to create trust?
A: There is no time limit or requirement for the nominated personal representative to administer the estate. If they fail to act, another party can choose to put the case through probate. If a personal representative has already been appointed, several factors affect the timing of distributions and you would need to provide additional information about the status of the probate case.
A:
In Florida, the statute states that any Will must, and I emphasize must be taken to the clerk of the court within 10 days, no one ever does that for the most part, but it is the law. If they fail to do this or do their duties in general related to the Will and or any Trust, then you need to get an attorney of your own to look into this and or even to open a probate as needed, if one is needed. It may well be that no probate is needed and there is no law that says one must be done at all, but any Will. must indeed be taken to the clerk of the court in the county where they were a resident/domiciled/had their homestead. Below is the actual statute;
Pursuant to Florida Statute 732.901, the original Last Will and Testament of a deceased person must be deposited with the Clerk of the Circuit Court having venue of the estate of the decedent within 10 days after receiving information that the testator (a person who dies leaving a Will) is dead.
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