Q: I'm trying to get some information on what I need to do to access my father's estate/finances without a written will.
A: You will have to open a probate case in the local circuit court, Call the Clerk's office and ask for assistance.
Phillip William Gunthert agrees with this answer
A: I am very sorry for your loss of your dad, please accept my condolences for you and your family. You will want and probably need to contact a Florida Probate Attorney, based on the type of assets and their overall value that have to be probated will determine the type of probate, if any, that will be required. Generally, any assets in your dad's name alone that do not have some sort of pay on death or joint ownership or other transfer designation attached to them will need to be probated. In most instances a probate court/judge will end up require you to have a probate attorney. If there is no will, then the Florida Intestate Statutes (without a Will) are going to be applied, this generally means the assets will go to the surviving spouse and or children based on the circumstances. Once you provide additional details to a probate attorney, they will be able to more precisely advise you on what steps you may want or need to take.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
