Sorrento, FL asked in Estate Planning, Medical Malpractice and Probate for Florida

Q: My question is; if my mothers will it's filed with probate . Does probate make you pay all the bills ?

And can you send out death certificates to these companies to see which ones will just clear the account and close them?

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

A: I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are responsible for anything or that you even have to open probate at all, you could wait two years and then creditors will have no ability to collect, or you can just not file, if you do file probate, then the probate estate will pay any debts, if there are enough assets that need to be probated. Sending a death certificate to each creditor is likely not useful or helpful, they will just file a claim as a creditor against the estate, while some may not file or pursue it timely, most will end up filing. If you are going to do a probate or need to pursue one, you need to speak with a probate attorney, and they can more precisely advise you based on additional details and information you can provide. Companies are unlikely to clear accounts and rarely will they not file a claim against the estate.

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