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How do I Start the West Palm Beach Probate Process?

Uncategorized Nov 21, 2015
post about How do I Start the West Palm Beach Probate Process?

Are you trying to start the estate administration process in  West Palm Beach? You may need to retain an attorney licensed in Florida to serve as resident agent but if the estate is worth less than$75,000 then you may be able to go through informal or summary probate and save some money and time. Do you know how to open an estate in West Palm Beach?

Depositing the Will

  • One of the first things you are going to need to do is find the last will and testament.
  • If there is not one then this is going to be an issue for intestate succession. 
  • That is a different blog though.
  • You will need to locate the original and most recent will as executed.
  • Now you have to deposit it with the clerk of courts.
  • You can do this by mail in most counties, but I would recommend you take it down yourself (or hire a courier) and then get a receipt or acknowledgement of the deposit.
  • Now what?
  • You also need to deposit the original death certificate. 
  • If you do not have a copy you can request them from the relevant offices of vital statistics, just check online.
  • These are by no means as hard to find as the will.
  • Ok so you deposited them, now what?

Oath and Petitions

  • Now you will have to ask the Court to appoint you the personal representative.
  • To do that you ask for a petition to appoint you the personal representative and to admit the will to probate.
  • You can usually find these forms online through the Court’s website.
  • You are also going to have to take the oath of personal representative prior to being appointed.
  • In the old days you may have had to go down to the Court and say the oath in Court or to the Clerk but now a days it is much simpler.
  • Just take the form off of the internet and go to a notary public who can administer the oath.
  • Do not forget to bring ID!
  • Once those are filled out submit them to the clerk.
  • You will also have to mail or submit the documents to the judge with something called aproposed order which again may be found online.

Summary Probate

  • Keep in mind while a lot of this is the same for summary and formal probate you can only do one alone.
  • In order to administer full probate which is required in larger estates (over $75000) you will need a registered agent who is a licensed Florida probate attorney.
  • If you are wary of performing summary probate alone you can still ask for assistance from a Palm Beach probate attorney.

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