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No Probate in Florida?

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mushulou

Junior Member
Florida/NJ

My Mother-in-law lived in Florida and her children reside in NJ, her youngest son is executor of the will. He claims you don't have to probate a will in Florida, any truth to that. Her house is in a trust and he is the trustee of it since she died.
 


JETX

Senior Member
My Mother-in-law lived in Florida and her children reside in NJ, her youngest son is executor of the will. He claims you don't have to probate a will in Florida, any truth to that. Her house is in a trust and he is the trustee of it since she died.
In general, you need to probate the estate where the decedents assets are located.
 

mushulou

Junior Member
He claims in Florida laws you don't have to probate a will in Florida, I find that hard to believe.
He is going to start dividing up the properties that are in the will. Plus it has been 7 months since death and still no copy of the will has been provided to the benificiaries.
 

JETX

Senior Member
Several things:
1) Again, NORMALLY, the estate is probated in the state where the decedent has property. Did she own REAL property in Florida??
2) I don't know of a statutory REQUIREMENT for filing in Florida.
3) If there is not a court ordered executor (personal representative), anyone can apply to the court to be approved as such and would then have the RIGHT to distribute the estate per law.

Since you say that this is a will... What state is named IN the will.
 
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