What is the name of your state?florida
If a member of your family passes away, does the estate automatically go into probate ?
MY RESPONSE: No. In order for an Estate to be probated, a family member, a creditor, a beneficiary, or anyone with an interest in the Estate MUST file a "Petition for Probate" in a court of competent jurisdiction.
what if there is a will, how does the process work as far as reading the will etc...
MY RESPONSE: It was strictly for dramatic purposes on television, or the movies, when everyone gathered in the wood-paneled office of the attorney to have the Will read to everyone. In reality, there is no such requirement. You can, however, obtain a copy of the Will from the court file. The clerk of the Probate court will charge a small fee for this service. If a Probate is filed, you can file with the court, and serve on the Executor of the Estate, a "Request For Special Notice" whereby everything done on the Estate must be copied and sent to you. Again, there is a fee for this; but, you'll be kept "in the know" about what's happening with the Estate as it happens.
I am completely ignorant as far as to how the process works. Do I need an attorney????
MY RESPONSE: That depends upon your interests in the Estate, and whether the Executor is doing his/her job. You may consider having an attorney review the paperwork you receive as a result of the papers you receive under the "Request For Special Notice".
What if the deceased was residing in another state at the time?????
MY RESPONSE: What about it? Other than the fact that the Estate is probated where the death occurred, I don't understand your question.
IAAL
