Q: Mother passed away in 2015. No probate. Found out there are some accounts now with the state. Question on disposition.
No single account more than $10,000. Cumulative is about $13,000.
A: It is likely that you will need a Florida Probate Attorney in order to file a Summary Administration Probate, if tends to be faster and more efficient than having to do Formal Probate that really likely would not apply to your circumstances. If so motivated, you may want to check with the clerk of the court if you do not want to go the probate attorney route and check into Disposition of Property Without Administration and see if you qualify and if you can handle it yourself, otherwise you will want and need to speak with a Florida Probate Attorney for help and guidance. Generally, you should speak to an attorney anyway, just so you can provide more details and specifics and they can more precisely guide based on your circumstances.
A:
Thank you for your question. You will most likely need to open a probate estate and get an order of summary administration from the Court in the county where your mother resided and then include a certified copy of that order in the packet that you send to State of Florida Unclaimed Property to claim the funds. The State is not going to release these funds to the heirs even if you start their claim process until you have a judge's order.
I would be happy to discuss this case in more detail with you and offer you a quote. Our office offers a free 15 minute phone consultation, and we handle estates anywhere in Florida.
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