Must you file someone's will when they die?


In Florida, whoever has possession of someone's will must put it on deposit with the county probate court within 10 days of the person's death.


Trisha: Hi, I thank you for taking my call. My mom passed away last week, and she had a will. I'm the beneficiary of everything, and I have three siblings. Long story short, I want to know what's the premise of filing her will with Orange County Court? Do I have to file it, and why?
Attorney Tom Olsen: Was your mom a resident of Orange County?
Trisha: Yes.
Attorney Tom Olsen: Trisha, the law says that whoever has possession of your mom's original will is obligated to put it on deposit, that's a different term than filling. Put it on deposit the probate court within 10 days of death. Trisha, you could have walked into the Orange County Probate Court and said, "I want to put this will on deposit."
That does not necessarily mean that you're going to do a probate for her, it just means that you're giving possession of her original will to Orange County Probate Court. Now, Trisha, do you think any probates are going to be required for your mom?
Trisha: Well, she had two IRAs and we were all named as beneficiaries on the IRAs, but that's not an issue. The only thing is that the house in her will, will be split a fourth -- between the four siblings once it's sold. That's it, really. Her car was a gift to me and then I just need to take care of the selling of the home.
Attorney Tom Olsen: Trisha, your mom died with that home in her name only, I think is what you're telling me. Therefore, Trisha, her home is going to have to go through probate. Trisha, we could certainly help you with that. Now, Trisha, when you hire a lawyer to do the probate for your mom on her home, that lawyer will be -- it'd be easier for him or her to put that will in deposit for you at that moment in time.
Trisha, I would love for you to call us next week, we'd love to take care of doing the probate on your mom's home. We're so sorry for your mom's loss.
Now, Chrissy, we are talking to people all the time about they're so surprised when mom has passed away and her mom's home has got to go through probate. All right? We've got great tools for avoiding probate on property. It's a ladybird deed. We have booklets on it, we talked about them in our easy ways to avoid probate workshops.
Chrissy: That is the one thing that -- Tom you're right. That is a big asset. That is usually the one that is forgotten. Like you said, they are often very surprised than upset that they have to go through the probate process.
We again, want to educate people on the way to make sure that they can avoid probate on the home. Again peace of mind for the person that owns the home, and making it very simple for the loved ones to get that.
Attorney Tom Olsen: Yes, the easiest way for you to understand the easy ways to avoid probate, would be to come to one of our workshops.