Legal Question in Wills and Trusts in Florida

My father had a lot of private debt and left no will. Is it worth the effort to become a personal representative through probate court? If I choose not to become a personal representative does the state appoint one eventually? Thank you.

Asked on 12/18/12, 8:57 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Probate will not be filed unless someone specifically files for it. Having debt and no assets means that probate is not necessary. If you have some questions about assets v. debt, you ought to seek help from an attorney. The State will never become involved in these private matters at all.

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Answered on 12/18/12, 10:05 am

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