Experience with Probate law?

[salpal]

I have filed the will with the Clerk of the Court and received a document stating so. Now what? Can I just distribute money as directed in will? (I am executor). Do I have to hire a lawyer?

[retiredguy123]

You don't have to hire a lawyer. I have done it twice myself, but not in Florida. The court reviewed the will and gave me a document officially appointing me as the executor or "personal representative" of the estate. Then, I went to my bank and set up an estate checking account. I also had to advertise in the newspaper that the estate had been established to notify any possible creditors. Then, I transferred all the money into the estate account and distributed it to the beneficiaries named in the will. After the legal time period for the estate to be open (in my state, it was 6 months) I filled out a form showing that I had distributed all the funds and other estate property, gave the form to the court, and the estate was closed. It was all very easy, and I saved $4,500 on the lawyer. Good luck.

[champion6]

If you google how to probate a will in florida without an attorney, you will have lots of info to help you.

[villagetinker]

Going though this with 2 deaths, one in FL, and one in PA., and for various reasons had to hire lawyers in each case, one was $2000, the other, around $2500, both estates will be well over a year, almost 18 months to settle. I am not going into the complications, but ask a lot of questions to make sure this is a simple estate to settle. Good luck.

[Trayderjoe]

If you google how to probate a will in florida without an attorney, you will have lots of info to help you.

Going though this with 2 deaths, one in FL, and one in PA., and for various reasons had to hire lawyers in each case, one was $2000, the other, around $2500, both estates will be well over a year, almost 18 months to settle. I am not going into the complications, but ask a lot of questions to make sure this is a simple estate to settle. Good luck.

On line can give you information, and you definitely need to understand the Florida requirements. I would highly recommend that you review the online information and then possibly consult with a lawyer to get answers to any questions that you may generate.

As you have already put the will into probate, I would presume that you have to solicit and pay off the creditors from the estate before you distribute the balance of the estate per the will. In New Jersey, not all wills need to go into probate (there is a role called "surrogate" that you would work through to put the will into probate)-it depends upon the value of the will. If the will does not enter probate (because it qualifies not to do so), a solicitation of creditors is not required prior to distributing the estate and closing it.

Again in New Jersey, there is a list of 8 or so primary creditors (these are considered to provide essential services) who would be paid from the estate in a specified order. For example, the funeral home gets paid before anyone else. Should there still be funds in the estate, you would continue to work down the list until the 8 or so primary creditors are paid, or the estate becomes insolvent. Please note that if you did not solicit creditors and went ahead to distribute the estate to the beneficiaries before the creditors are "satisfied", as the executor you could be liable for the debt to the creditors. I am not an attorney, but recently had to research this process in New Jersey, as I was asked to be an executor of an estate as well and I live in another state. I did speak to an attorney and if/when the time comes that I am asked to handle the estate, I do plan on going back to the attorney. You should also note, at least in New Jersey, that you can be paid as an executor from the proceeds of the estate, once all debtors are satisfied. My intention would be to use any such funds to help cover the attorney fees as I am not expected by the person who asked me to be executor to pay those fees.

Good luck.