Q: My brother died in Aug 2021. Left a will naming me sole heir. Probate judge in Polk county declared will invalid.
Judge said will not properly executed (no proper date and no witnesses). Money is in his checking account. Was told that after two years I can file as if he died intestate and I can claim the money. Is this correct?
A: I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. No, what you are being told is only partially correct, you can file a probate right away with the help of a Florida Probate Attorney. Since there is no valid Will, then the Florida Intestate Statutes (without a Will) will be applied. As far as who the beneficiary/beneficiaries are, this will be determined by intestate statues as well. Ultimately, a probate of some type will need to be filed, based on the type of assets and their overall value, this will determine the type of probate, if under $75,000, then Summary Administration can usually be done, it tends to be quicker, easier and more efficient based on time needed. Your starting point should be conversation with a Florida Probate Attorney if this is in Florida, any licensed probate attorney can help you with this matter as everything is usually handled via e-file and or zoom type video conference if a hearing is needed for any reason (usually not unless matters are disputed). So, you can file immediately, you do not have to wait, maybe they are advising you not to file for 2 years so no creditors can have claims possibly if there are a lot of creditors, but you need not wait to file. Whether you are inheriting also depends on who survived your brother (spouse, children, parents, siblings).
Ira Markowitz agrees with this answer
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