Gregory C. Picken, J.D, LL.M
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Who can file for Probate in Florida?

Any creditor or beneficiary of an estate can legally file for a Probate in Florida. However, if the decedent left a Last Will & Testament (Will), then the Personal Representative (Executor) named in that Will usually initiates the Probate.

On the other hand, if no Will was ever executed by the decedent, or if it cannot be located, then normally a close relative will file for the probate. Florida Statutes 732.901 requires the person having custody of a will to deposit it with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian can be liable for attorneys fees and costs if they fail to comply with the statute. For this reason, it is important to consult with an experienced West Palm Beach estate probate attorney if there is any question of whether you are under any obligation, or have the option, of filing for probate in Florida.

Gregory C. Picken, J.D, LL.M

Gary, Dytrych & Ryan, P.A.
701 U.S. Highway One
Suite# 402
North Palm Beach, FL 33408


Wills, Trusts, Probate & Estate Planning Law
Call:  (561) 844-3700

Email:  GCPicken@gdr-law.com

@2016 Gary, Dytrych & Ryan, P.A.

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Attorney Gregory Picken and Pickenlaw.com provide legal representation to individuals and families throughout South Florida. We represent clients in the legal practice areas of Estate Planning, Wills and Trusts, and Probate throughout Palm Beach County, including North Palm Beach, Jupiter, Tequesta, Juno Beach, Palm Beach, Lantana, West Palm Beach, Royal Palm Beach, Stuart, Hobe Sound, Lake Worth, Boynton Beach, Boca Raton, Delray Beach, and Wellington as well as the surrounding communities within Palm Beach County. Gregory Picken and Pickenlaw.com is a North Palm Beach Estate Planning Lawyer, a Palm Beach Probate Attorney, a Probate Attorney in St. Lucie County, a Broward County Probate Attorney, a Palm Beach Gardens Estate Planning Attorney, and a North Palm Beach Wills and Trusts Lawyer.

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