Legal Question in Wills and Trusts in Florida

If an individual who has passed, had both a last will and Testament and a later dated document declaring her worldly possessions have been placed in a trust and then subsequently there is a second amendment to that trust what documents are required to be filed with the state of Florida after the individual's death.

Asked on 2/29/12, 6:24 pm

3 Answers from Attorneys

The Will always needs to be filed with the county Probate Court. If there is a Trust, then a Notice of Trust needs to be filed too along with the filing fee.

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Answered on 2/29/12, 6:29 pm
Lucreita Becude Lucreita D. Becude, P.A.

And of course, the death certificate would be nice.

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Answered on 3/01/12, 5:36 am
David Slater David P. Slater, Esq.

If the trust was fully funded, there is no need for probate of the will, since there would be no assets to distribute.

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Answered on 3/01/12, 9:58 am

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