Legal Question in Wills and Trusts in Florida

Does will need to be probated?

My mother has a will indicating that her money is to be divided equally among her 3 children. She has no property. I am a joint-signer with her on her bank accounts and have Power of Attorney. Does her will need to be probated at her death?


Asked on 6/08/09, 10:56 am

3 Answers from Attorneys

Re: Does will need to be probated?

In Florida, it is required to file a will if one exists. There are different forms of probate. In this case, you may be able to get away with an abbreviated form of probate. I strongly recommend you consult with a probate attorney in your area. Lastly, the Power of Attorney will terminate at the time of her death.

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Answered on 6/08/09, 8:18 pm
Charles Gallagher Gallagher & Associates Law Firm, P.A.

Re: Does will need to be probated?

Yes, a will has to be probated.

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Answered on 6/08/09, 11:18 am
Robert Roemer Robert Roemer

Re: Does will need to be probated?

a will needs to be probated if there are assets to transfer left in the decedents name.

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Answered on 6/08/09, 12:07 pm


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