Legal Question in Wills and Trusts in Florida

My mother died in 2004 and her will was never probated. She lived in Osceola County Florida when she died. Is it to late to probate her will?


Asked on 8/22/14, 10:20 am

5 Answers from Attorneys

David Slater David P. Slater, Esq.

No

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Answered on 8/22/14, 10:36 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

If needed to clear title probate can be filed

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Answered on 8/22/14, 12:12 pm
Joseph Justice The Justice Law Firm

It is actually easier now. Becuase more than 2 years have passed, you can resolve the process through summary administration which is quicker and cheaper.

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Answered on 8/22/14, 12:26 pm

I can help you if you would like, or you can contact an attorney who handles probate matters in Osceola County. Because it has been more than 2 years, you can use Summary Administration (a less expensive and abbreviate form of probate). It typically takes about 6 months but can take shorter or longer, depending on any issues that arise. There are several steps and requires multiple legal documents to be prepared. If there are multiple heirs/beneficiaries, an attorney will be required to handle the matter per Florida Law. Even if there is only one heir, many courts frown on administering probate with a lawyer. Please feel free to contact me should you have further questions or require assistance.

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Answered on 8/22/14, 5:25 pm
Lucreita Becude Lucreita D. Becude, P.A.

No it is never too late. my question is - what is there to probate. Was there a home or is there only assets in a bank account. You can do a disposition without administration if there are funds you are trying to obtain that do not exceed the funeral bill. Otherwise a summary is the safer way to go.

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Answered on 8/24/14, 5:09 pm


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