Wildwood, FL asked in Estate Planning and Probate for Florida

Q: My Dad recently passed away, he had a will and I was appointed the executor.

The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?

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3 Lawyer Answers
James Clifton
PREMIUM
Answered

A: Based on the assets you described, you will most likely need to file for formal administration in the county where your father resided when he died. You will need to inform the heirs and creditors of the estate, create an inventory, pay any outstanding debts owed, and then request an order for distribution following payment of creditors. Schedule a free consultation to make sure you complete the process correctly.

Phillip William Gunthert and Barry W. Kaufman agree with this answer

A: My condolences for your loss. You will need to deposit the original will with the clerk of court in the county where your father resided and hire a probate attorney in Florida to file for probate administration.

Phillip William Gunthert agrees with this answer

A: I am very sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. You will need and want to contact a Florida Probate Attorney, based on the type of assets and the overall value will determine the type of probated that will be required as well as any other filings that may be necessary related to the property (homestead) etc. You will need to make a copy of the Will and death certificate and provide it to the attorney for review, the original must go to the clerk of the court in the county where your dad had his home. If available, a copy of the property deed will be helpful as well for the attorney to review. As you provide additional information and details, the probate attorney will be able to give you more precise advice on what your next options and steps will be, whether a Formal Probate or Summary Administration or other option may be available as far as probate is concerned.

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