What Is the Process for Recording a Will in Florida?

Probate officially begins when the personal representative files the right documents with the probate court. This includes three important pieces of paper: a petition for administration, acceptance of their role as personal representative, and an order formally admitting the will to probate. When probate documents have been filed, the personal representative proceeds to the next phase of the case to notify the decedent's surviving beneficiary, spouse, trustees, and beneficiaries of any estate trusts, and any other people who may be entitled to the property in that probate administration. This should be filed in the county in which the deceased person lived at the time that they passed away. 

There are strict filing deadlines in place for lawsuits against the personal representative or the estate. Creditor claims can be blocked after three months beyond the first publication of the notice to creditors. The personal representative cannot be held liable for any claims that come forward two years after the death of a person living in Florida.

Recording a will to probate is impossible if a will cannot be located. However, probate administration still must be addressed, and this is handled through a process known as intestate. This can add complexities for beneficiaries and the personal representative but still requires that Florida law be followed in administering the estate. With a will, a person's individual wishes are taken into account per the valid document. However, with intestate, a portion of the estate will be assigned to state-named beneficiaries, and this must be followed to the letter. Conduct a thorough evaluation to see if you can find any copies of a will before moving forward with going to the probate court. Many personal representatives in Florida and elsewhere choose to hire an experienced probate lawyer to guide them through the process. This is also because personal representatives do face some level of liability for serving in this role. Having an attorney to help you from the moment that you open probate or record the will in Florida can give you peace of mind knowing that your interests have been protected. You will also have someone to turn to throughout these difficult situations.

If a probate dispute has already emerged and you are either the beneficiary or the personal representative, you want to have the support of an experienced and dedicated lawyer to guide you through each step of the process. The right lawyer can answer your questions early on and help ensure that you have considered all possible issues. 

Minimizing the possibility of going to court is important, but it is equally important to have the right legal representation to support you in this process in the event that you have been named in a suit. A personal representative has a lot at stake to protect their reputation and any financial liabilities should they be convicted or accused of wrongdoing with the estate. Beneficiaries also have a stake in how the case shakes out. Schedule a consultation with a dedicated lawyer to get help with your next steps.

It is not always easy to find a will created by a loved one after they have passed away. There are some immediate planning opportunities that need to occur, such as planning for cremation or burial, and these often take precedence over finding a will. If your loved one did not have a will, you still want to make an effort to attempt to find this document so that you can rule it out before going to the probate court. Sometimes, an estate planning lawyer for the deceased will have a copy of their will. Look for business cards for an estate planning firm in their home.

You can also look for safety deposit box keys, fireproof safes, and other folders where important documents are kept. These can also provide clues as to the will’s location. If a will cannot be found, however, probate must be opened. 

The executor should be court-appointed before taking any legal action regarding closing someone’s estate. Hiring a probate lawyer can really help to outline all the tasks required and to help the executor get appointed. An executor has a legal responsibility to uphold the laws of the state in which they operate and to follow the rules related to probate. This person also has some level of liability in the event that they get accused of inappropriate actions. If you need more legal support around the process of recording a will in Florida, reach out to our legal team for help.