Do I need to file with probate office for a death where there are no assets? 2 Answers as of August 04, 2011

Am I obligated to file a death with the local probate office for the death of my mother if she didn't have any assets? (FL) (except a $500 cemetary plot which we are trying to sell back to the cemetary)

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Law Offices of Adam Bessen
Law Offices of Adam Bessen | Adam Bessen
There is no requirement that you open a probate case, even if there were assets. If the plot was owned just by your mother, only she would be capable of selling it. Florida law provides for abbreviated probate proceedings if need be to deal with estates with very little assets.
Answer Applies to: Florida
Replied: 8/4/2011
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
If there are no assets in the estate, then a probate does not have to be opened. However, Florida law does require that, if there is a Will, the custodian of the Will must file it with the probate clerk of court within 10 days of the custodian having knowledge of the death of the decedent.
Answer Applies to: Florida
Replied: 8/4/2011
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