will my mother’s will be probated

Besides the home and checking account my mother does not have any assets. The
will provides a beneficiary for the home to be my brother. The title could be
transferred to him but has not been done at this time

Asked on April 6, 2016 under Estate Planning, Florida


G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In Florida Probate is not always necessary. However you must remember that Florida law requires if you are in possession of a deceased person’s will it must be filed with the local circuit court within 10 days of the death.
In the event that the deceased person does not leave much behind, the person who paid for the final expenses and/or medical expenses can get reimbursed. This can only be used when the person has no real estate and the assets or exempt form creditors and do not exceed the amount of final expenses. This is one way where probate of the will is not necessary. In this instance you must file a form called – Disposition of Personal Property without Administration”.

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