How to Probate a Will In the State of Florida
Florida probate courts determine the validity of wills. People who make wills are known as testators. The term intestate describes people without wills. Florida law allows people of sound mind over the age of 18 or emancipated children to make wills. Valid wills are in written form and feature the name and signature of the testator, two witnesses and a public notary. Testators can change wills, but should make sure updated versions follow the legal guidelines. The will does not take effect until the testator dies. The probate process involves a court approving the will and appointing a personal representative to administer the will of the deceased(otherwise known as the decedent).
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Instructions
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Find the copy of the will that the decedent gave you. If the testator named you as his personal representative, you must provide a copy of the will to the court. Contact the decedent's attorney, friends and family members to make sure that the copy of the will you have remains valid. If the decedent created a more recent will, you must obtain a copy or request the person who possesses it to turn it over to the court.
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Contact a probate or estate attorney. Florida law does not require people to retain attorneys for the probate process, but strongly encourages people to hire one. Many people hire the lawyer who helped the decedent prepare the will.
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File the will at the courthouse in the county where the decedent lived at the time of death. You must pay a probate filing fee, which varies from county to county. The probate clerk attaches a file number to the case and passes it onto the probate judge. The judge officially confirms the role of the personal representative named in the will and issues letters of administration. The letters of administration explain the role of the personal representative who handles the estate. These letters enable the personal representative to establish a bank account in the name of the estate and to close other accounts.
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As the personal representative, you must publish a probate notice in a local newspaper to notify creditors of the probate process and allow them the chance to claim payment of money owed to them. You must try to locate personal property mentioned in the will and contact the people mentioned in the will to give them to opportunity to contest it. If anyone produces a valid reason for the probate judge to dismiss the will, such as evidence that the testator wrote it under duress, the judge will hold court hearings to examine the claims. Most wills in Florida pass through probate court without court hearings.
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Pay off creditors and disburse funds from the estate as instructed and pay federal estate taxes if necessary. Normally it takes between six and 15 months to complete the probate of a will. After the settling the will, you must close any accounts you opened in your capacity as the personal representative.
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Tips & Warnings
Wills that meet the Florida probate guidelines are called "self-proving" because in the absence of any contradictory evidence, they effectively validate themselves. Wills that lack witness signatures are not "self-proving." Judges may hold hearings to find individuals who witnessed the making of the will. Valid witnesses are over the age of 18 and of sound mind. If no witnesses are found, the probate judge holds hearings to determine the settlement of the estate.
Florida law does not recognize "no contest" clauses in wills. After the the personal representative issues the notice of administration, interested parties have 90 days in which to contest the will.
