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What Should I Do Before Initiating Probate?


Before meeting with a probate attorney, you’ll want to gather pertinent information about the deceased person. By taking time to prepare for your first consultation, your attorney will be better equipped to advise you on your specific situation. They’ll be able to determine whether a probate is actually needed, and whether you’ll need to file a summary or formal probate administration.

 

Helpful information for your initial consultation with a probate attorney may include: 

 

Death Certificate. In most circumstances, the funeral home or cremation service will prepare and provide the death certificate. Be sure to request several copies for your records, including both a “long form” and “short form” death certificate.

 

Will. If the deceased person had a will, it is important to make a copy of it for your records. During your initial consultation with an attorney, let them know whether you’re in possession of the original will. If so, they can assist you with the next steps. 

 

Financial Accounts. You’ll want to create a complete list of the deceased person’s financial account(s). This may include checking, savings, money market accounts, CDs, IRAs, and annuities.

 

Life Insurance. Explore the deceased person’s financial files to find any documentation regarding a life insurance policy. 

 

Vehicle. For any vehicle owned by the deceased person, you’ll want to obtain a copy of the vehicle’s title, registration, and insurance. If the vehicle is owned by the deceased person individually, the vehicle should not be driven until you consult with an attorney.

 

Real Property. You will want to obtain a copy of deeds, property tax bills, and any mortgage for property owned by the deceased person. 

 

Creditors. It’s important to have a list of known creditors to assist in determining whether or when you should initiate probate proceedings. See our article “Handling Creditors During Probate” to learn more. 

 

Safe Deposit Box. If the deceased person had a safe deposit box, you’ll want to gain access and examine the contents to determine whether there are documents important to the probate process.

 

After you’ve gathered these important documents and lists to the best of your ability, then you’re ready to meet with an attorney.


For more information and links to the Florida constitutional statute and rule see our articles: 

If you’re looking for a probate attorney in Central Florida, we can help match you to local attorneys who are the best fit for your situation.



 

Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.

 

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