Taxation & Estate Planning

Can?t find the Will? A few tips!

By Long H. Duong

Every once in a while, we get a call from a prospective Florida probate client who spends about 20 minutes explaining who inherits under the decedent’s Last Will and Testament, only to finish by saying “but I only have a copy of the Will.”

That IS a problem.

Under Florida Statutes, the custodian of the Will must deposit it with the clerk of the courts in the county where the decedent resided within ten (10) days of the date of death. This is the legislature’s attempt to keep people from losing it! The reality is that many Wills don’t make it to the clerk’s office until someone wants to put it through probate. Additionally, note that while a decedent may have left an estate in Florida (i.e. owning some land in Florida) but did not actually last reside in Florida (domicile), then the Will should be deposited in the appropriate (out of state) county.

Can’t find the Will? Here are some ideas: (more…)

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Full post as published by WeProbateFlorida.com on August 14, 2007 (boomark / email).