Legal Question in Wills and Trusts in Florida

My Father recently died. He lived with me in the state of FL. My brother who lives in NC is Executor. In order to close his bank account, we need the Letter of Testamentary. The NC Courthouse told us we would have to handle all this in Florida because this is where he died. My brother wants to renounce executorship and make me executor or legal representative. What forms are needed? Is it possible to obtain the forms online?


Asked on 6/17/10, 10:43 am

4 Answers from Attorneys

Kellen Bryant Law Office of R. Kellen Bryant, P.L.

Florida probate will be needed. The letters of testamentary are known in Florida as letters of administration.

Your brother is able to renounce is nomination to serve as representative of your father's estate.

Forms will not be available online. You can find Florida probate forms in a law library.

Be aware that some judges will not allow you to proceed without an attorney.

If you need any assistance in filing the probate, please contact me.

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Answered on 6/17/10, 1:55 pm

The NC Court is correct in that probate jurisdiction is in the county where your father lived. To appoint a Personal Representative (a/k/a Executor) requires a probate proceeding opened, so that Letters of Adminsitration (Letters of Testamentary) can be issued.

No you cannot use on line forms in most cases. Probate normally requires the use of an attorney. If the estate is under $75000, that is a Summary Administration and the Judge issues an order to disburse (no Personal Rep. is appointed). If over that amount Formal Administration is required and a Personal Rep. is appointed.

Your brother can renounce his right. It happens quite a bit.

To proceed you would need the Will (if any), death certificate, names and contacts of all potential parties (beneficiaries and interested parties), and information about the assets. We may need a list of creditors in the beginning, so putting that together will be helpful.

In most uncontested estates, the Personal Representative does not need to be present, as well as the attorney. It is often handled by mail.

If I can be of further help. Please let me know.

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Answered on 6/17/10, 2:10 pm
Lesly Longa Longa Law P.A.

You need to administer the estate in the county where he lived. Start by calling your local probate court. You may need to get an attorney to help you. Regards,

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Answered on 6/17/10, 2:31 pm

I agree with the previous responses, but to further clarify, an attorney is required according to Florida law since there are multiple beneficiaries. Should you have further questions or require assistance, please feel free to contact me.

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Answered on 6/17/10, 3:27 pm


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