Legal Question in Wills and Trusts in Florida
Does a will have to recorded in the State of Florida? My father died and my step mother and I our not speaking.I know my Father had a will.It has not been recorded into probate yet.He died on August 10,2010.
3 Answers from Attorneys
State law requires that upon the death of someone with a WIll, the person in possession is to file it within 10 days. However, that law is often ignored temporarily without a problem. As long as it is file reasonably, we don't worry about it.
If a probate proceeding is needed, and the person in possession fails to file it with the court, a Petition to Produce can be brought in the probate court with penalties levied against the party who hasn't complied.
Yes, it should be filed in the probate court in the county where he resided within 10 days of his death. I have a blog post on Probate Basics at: www.floridawillmaker.com.
Regards,
If there are no assets to probate, no.
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