Legal Question in Wills and Trusts in Florida

wills?

How long does someone have to read a will after the holder has passed away?


Asked on 10/11/06, 2:11 pm

2 Answers from Attorneys

Thomas Rosenblum Rosenblum Law Offices

Re: wills?

Hello:

This is in response to your question re: reading of a will. You may want to inquire as to all of the issues re: wills and probate in Florida Statutes on line, sections 732 & 733.

There is no requirement on when to read the will. There is a Stat. requiring whoever has knowledge/possession of a will to deposit it with the Clerk of Court for that jurisdiction within 10 days. I have never heard of anyone being sanctioned by ther court over non compliance with this. It is adviable to contact an atty. to file a probate.

There are many questions such as, is there a spouse, who is named in will as the personal rep., is there real property, what is the value of the estate, has it been two years since the person passed away???, etc.

'Hope this helps. Tom Rosenblum

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Answered on 10/15/06, 3:24 pm
Lorenzo Ramunno Ramunno Law Firm

Re: wills?

In Florida; There is no rule on the reading of a Will. The closest time item is in the rules that anyone holding an original Will must file the Will in the probate court in the county where decedent lived with original death certificate within 10 days of date of death of decedent. F. S. 732.901 is the statute. if the custodian fails to deposit the Will with the court an action may be brought and custodian can be obliged to pay any costs or atty fees. So write a letter to the custodian of the will and demand the filing per statute at which time you can go to the courthouse and get a copy for a fee.

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Answered on 10/11/06, 2:29 pm


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