Orlando, FL asked in Estate Planning and Probate for Florida

Q: Mother died November 2023 without a will. Total cash assets of $2597.65. Do I need a lawyer is settle this estate?

$1436.89 in Checking/Savings account(s)

$1160.76 - 3 insurance refund checks payable to my mother.

$10000.00 possible unclaimed death benefit from my stepfathers passing in 2013, payable to the Estate of my mother.

I believe all debts have been settled or discharged.

I have been paying out of pocket $2700.00 a month for her care for 18 +/- months prior to her passing.

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1 Lawyer Answer
Timothy C Martin
Timothy C Martin
  • Estate Planning Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Florida Probate Rules require an attorney to handle probate matters for formal administration (see Probate Rule 5.030(a)). For smaller estates including summary administration or disposition without administration - when there is no personal representative - no attorney is required. However, probate can be challenging, and an attorney would most likely be helpful.

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