Legal Question in Wills and Trusts in Florida

If you are the appointed Personal Representative (Executor) of the estate, as order by a court, you must have an attorney who is your legal counsel. You should ask them.

It appears, without looking at any documents, that you will need some sort of court authority, but you may already have it.

When your mother passes away someone (usually the personal representative or executor) will need to file a probate action in the county where she passes away. An attorney will be needed to file the action.

Once the action is filed the court will issue authority to the Personal Representative to act on behalf of the estate. You will not be authorized to sell the house without this authority. Your attorney can advise you on the details of the procedure at the time. You should make sure that you know where the original Will is so that you can file it with the court. Copies are not usually sufficient.

In order to take any action relative to your mother's assets, you must probate the original of the will.

Under Florida law, you will have to retain a Florida probate attorney to represent you in the probate. He does not have to be located where you or your mother live. The fee you pay the attorney is negotiable between you and the attorney, so you should shop around.

The judge should then sign Letters Of Administration, the document which lets you deal with your mother's assets. If the will specifically requires you to sell the home, you should be able to do that without any requirement for a specific order from the probate judge.