Asked in Probate for Florida

Q: How long does the executor of a will and their legal representative have to file the will with the probate court ?

The deceased passed away in October of 2023 as of today no probate has been established nor has the will been filed with the clerk of courts in the county decedent lived in.

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

A: I am sorry for your struggles, in accordance with Florida Statutes, a Will must be submitted to the clerk of the court in the county where the person was a resident within 10 days of passing (hardly anyone ever does this for a variety of reasons, but it is the law). In Florida the Executor is called the Personal Representative, if they are unwilling or unable to move forward or open a probate, then any interested party can pursue a probate with their own attorney. You may want to speak with a Florida Probate Attorney and discuss your circumstances and options further on potentially starting a probate. I will note, there is no requirement whatsoever to start or do a probate ever, but you are required to submit the Will, others can then decide whether they want to undertake pursuing the probate potentially.

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