When:
After discovering that the deceased person owned probate assets, you will want to determine where those assets are located and whether the deceased person owed individuals or institutions money. While you do not want to delay opening the probate, you do not want to rush and open a probate unnecessarily.
Example 1: If Adam passes away owning probate assets valued at $30,000.00 and you know he owes $50,000.00 to a financial institution, then it may not be worth the time and money it takes to administer Adam’s probate estate.
Example 2: If Adam passes away only owning real property in another state, then you may not need to open a probate administration in Florida.
Where:
If you need to open a probate, then probate proceedings should be filed in the county where the deceased person was a resident. For example, if the deceased person resided in Seminole County, then their probate should be filed in Seminole County. If the deceased person was not a resident of Florida, then the probate proceedings should be filed in any county where the deceased person’s property is located.
We recommend that you find your probate attorney to discuss if, when, and where a probate should be opened based on the specific facts of your case.
Do you need a probate attorney?
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.