my mom died in brevard county florida. how can i find the lawyer who did her trust

by Dr. Mac Sipes Sr. 9 min read

Contact the trustee of the will (usually the decedent's attorney) and ask her to present the will to the local probate court. Make certified copies of the decedent's certificate of death; the trustee will provide a list of parties who need a copy of the death certificate. Pay the court filing fee.

Full Answer

How do I transfer property after death in Florida?

To make a request, please contact the Clerk's office by mail at P.O. Box 2767, Titusville, Florida 32781-2767, by facsimile at (321) 264-5246, email at fs119exemptionrequest@brevardclerk.us, or by visiting one of our branch offices. Pursuant to §119.071 (3), F.S., a social security number, bank account, debit, charge or credit card number must ...

How to avoid probate in the state of Florida?

Here's a quick summary of the new gift, estate, and inheritance changes that came along in 2022. Spoiler alert: very few people now have to pay these taxes. 1. The federal estate and gift tax exemption has been increased from $5,000,000 in 2017 to $10,000,000 in …

How do I obtain a death certificate in Florida?

Cancel the decedent's credit cards and lines of credit. 6. File claims for insurance of which the probate estate or trust is a beneficiary. 7. Obtain a federal tax identification number for the probate estate or trust. 8. Open a checking account for the estate (probate or trust). STEP SEVEN.

What happens to debt when someone dies in Florida?

Read the decedent's existing will and trust documents. These will usually state who gets each piece of property. Also, obtain a copy of the title for each piece of property. Some forms of title, such as joint tenancy with right of survivorship, indicate who the property should go to after death.

How do I find probate records in Florida?

WWW — Public Records — WWW Wills & Probate Records — (Click Here) for local courthouse and county official records. PLEASE NOTE: Not all counties maintain records online. However, records can usually be obtained at minimal charge at the courthouse in the county where the person resided.

Are probate records public in Florida?

How Do I Access Probate Records? Most probate documents are public records, however, inventories and accountings filed in estates are confidential and may be viewed only by the personal representative, the personal representative's attorney or an "interested party," as defined in the Florida probate laws.

How long after a person dies will beneficiaries be notified Florida?

Once they receive notice, beneficiaries and other interested parties only have 20 days or 3 months to object to the Will, the appointment of a personal representative, or other technical aspects of the estate administration.Aug 11, 2021

How do I find public records in Florida?

The easiest way to get a copy of the will is to contact the executor of the estate and request one. If you know who the executor is, this might be just a phone call. If you don't know who was named executor, you can call the Florida probate court in the county in which your father resided.Jul 25, 2018

How much does a probate lawyer cost in Florida?

In Florida the fees for a Summary Administration vary but will typically range from $1,500.00 to $3,500.00 depending on the nature of the assets, creditor claims, the number of beneficiaries and any complexities associated with getting the Last Will and Testament admitted to Probate Court in Florida.Jun 5, 2021

Can you check if probate has been applied for?

A new probate record will appear online 2 weeks after the grant has been issued. If you believe probate has been applied for on an estate of someone who has passed away within the last 6 months you can apply for a 'Standing Search' at the probate registry. This means if the grant is issued you will receive a copy.Jan 6, 2022

How do I get my deceased parents medical records in Florida?

A court appointed Personal Representative of a deceased person has the legal right to obtain the decedent's records. Additionally, Florida law specifically provides that the person's next of kin has the right to obtain the decedent's medical records.

What happens to bank account when someone dies without a will in Florida?

Someone who dies without a valid Will dies “intestate.” Even if the decedent dies intestate, the probate assets are rarely turned over to the state of Florida. The state would take the decedent's assets only if the decedent had no heirs.

What happens if you don't file probate in Florida?

When you die, the property will pass to the named beneficiaries without going through the probate process. Basically, with an enhanced life estate deed, the deceased's property will transfer on death to the beneficiaries.

What is Florida public records law?

Florida began its tradition of openness back in 1909 with the passage of Chapter 119 of the Florida Statutes or the “Public Records Law.” This law provides that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the ...

Are Florida court records public?

While court records are public unless otherwise specified by law or placed under seal, the standards for online viewing of court records is set by administrative orders of the Florida Supreme Court.

How do I look up public records?

The vast majority of public records about people are at the local level: city, county, and state. They can be requested at the County Clerk's Office. You can search public records from our home page.

Determine What Property Needs to Be Transferred

Before you can transfer title, you need to determine what property was owned by the decedent. Make a list of the property and how it's titled. Your loved one may have left information about their property ownership in their files, in their will, in their safety deposit box, or in a letter to you or someone else.

Transfer Property Ownership

Once you determine who should get each piece of property, you need to transfer property title to the new owner. Whether you need to go through probate, a formal court process, to make the transfer, depends on how the property was titled.