Legal Question in Wills and Trusts in Florida

last will and testament

When do you file a will with the court after death


Asked on 10/28/07, 5:40 pm

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: last will and testament

Florida law says within 10 days of death, but most people do not file it with the court unless they are probating some asset(s) of the decedent.

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Answered on 10/28/07, 6:57 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: last will and testament

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Under Florida law, you are supposed to file the decedent's will withing 10 days of the death. In reality, wills are generally not filed unless and until an estate is being opened.

Wills are kept in a separate file and not available to the general public for viewing.

Scott R. Jay, Esq.

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Answered on 10/28/07, 7:06 pm


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