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Why Need to Probate and Letter of Testementary?

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muffy

Junior Member
Why Need to Probate and Letter of Testamentary?

What is the name of your state (only U.S. law)?
FL
My father passed away leaving a Will. The Will states everything (very small estate) goes to his wife. In addition, everything was in joint with right of surviorship. I have been named Personal Representative. One problem, he owns a parcel of land with minerals in OK not mentioned in Will even though the taxes are continued to be paid on it. All in FL has been paid or continues to be paid as normal..utilities, mortgage, etc. SS/IRS contacted. Why, in FL, order Will to Probate (since it's costing me $2,400 plus/time(6 months) (everything is clear:widow gets everything), and letters of testamentary drawn (my father named me Personal Rep), when Ancilliary Probate will have to commence in OK (which will cost me more)? What's a Will for if there is any doubt?
Thanks
 
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nextwife

Senior Member
What is the name of your state (only U.S. law)?
FL
My father passed away leaving a Will. The Will states everything (very small estate) goes to his wife. In addition, everything was in joint with right of surviorship. I have been named Personal Representative. One problem, he owns a parcel of land with minerals in OK not mentioned in Will even though the taxes are continued to be paid on it. All in FL has been paid or continues to be paid as normal..utilities, mortgage, etc. SS/IRS contacted. Why, in FL, order Will to Probate (since it's costing me $2,400 plus/time(6 months) (everything is clear:widow gets everything), and letters of testamentary drawn (my father named me Personal Rep), when Ancilliary Probate will have to commence in OK (which will cost me more)? What's a Will for if there is any doubt?
Thanks
Basically:

The will expresses the wishes of the decedant.

The probate process is the legal mechanism to allow the wishes of the decedant to be processed. The testamentary letters grants the given party the legal authority to act on behalf of the estate to carry on the wishes of the decedant. The PR also has a responsibility to make sure the creditors are provided for, in accordance with state probate law..
 

muffy

Junior Member
Thank you for your reply.
There are no outstanding debts, no heirs, and no contestants therefore there is nothing for me to payout or distribute in FL.
The FL Will may need to go through some type of simple procedure to close in order to use it for an Ancillary Probate in OK. This state has to have the Probated Will from FL in order to transfer the deed from my father to his wife.
After speaking to three attorneys, all three fees were preposterous. The $2,400 plus $175.00 per hour was the most frugal. I understand paying the fees of the court and etc which are reasonable but the attorney's fees should be fair not exorbitant. I have a degree from a prominent university. To earn this degree there were countless of hours expended not to mention the apprenticeship time after graduation. School loans need to be paid however I don't believe in taking advantage of those who need my expertise to justify my accolades.
 
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Kiawah

Senior Member
If you are so sure it's not going to take many hours, why don't you hire the lawyer on a per hour basis?

I'm doing that now, for my MIL, who lived out of state.
 
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