Legal Question in Wills and Trusts in Florida

I am a 41 year old only child and my father passed away several weeks ago. He was divorced for over ten years, did not ever remarry, and did not complete a will. He had made me the POD on one of his bank accounts (which helped me with that account), however, since his death was sudden and not foreseen, he did not get a chance to name me the beneficiary to his other banks accounts.

My question is: How do I go about obtaining access to those other accounts considering I have his official death certificate and I am named the informant on the certificate? And why would I need to obtain an attorney also considering that I am the only child and the only next of kin? If I do need an attorney then what type would I need? Or can I just go to the my father's county clerk of courts and get the necessary assistance there?


Asked on 8/02/14, 10:21 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Florida law requires an attorney to probate the estate, gather the assets, determine the liabilities and pay out to heirs.

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Answered on 8/02/14, 10:51 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You file a probate as his heir and get appointed as personal representative to marshal his assets. Hire an attorney to get this done. Sorry for your loss.

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Answered on 8/02/14, 10:52 am
Douglas R. Coenson, Esq.

You will need to file for probate as Attorney Stein has stated. There are different forms of probate, depending on the value and assets of the estate. While you are the sole heir, you may be able to handle the probate yourself (Florida requires an attorney when there are multiple beneficiaries), but many courts frown upon it and it is not recommended. Even simple probate matters can be complex as there are multiple steps that need to be done (Petition for Personal Representative, file for the correct Probate, value the gross estate vs. the estate subject to probate, Notice to Creditors, file final taxes, etc.). I strongly suggest you consult with an attorney that handles probate matters. Many attorneys offer free consultations, like myself. Should you have further questions, please feel free to contact me.

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Answered on 8/03/14, 8:23 am


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