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FAQs / Probate Process / Do I need the original will?

Do I need the original will?

No, you do not need the original Last Will and Testament in order to start the probate process. It is always recommended that you file the original Will if you can find it, but you can start the probate process with a copy of the Will or with no Will at all. If you cannot locate a copy of the original Will, it is a good idea to speak with an experienced Florida probate attorney.  The best places to locate a Will are the following:

1.) In the decedent’s home

2.) In the decedent’s safe deposit box

3.) Originals or copies held with the decedent’s estate planning attorney

Probate Process FAQs

  • Where is probate handled?
  • Do I need the original will?
  • Do I need to file tax returns for the estate?
  • Do I need to give notice to secured creditors?
  • How are estate creditors handled?
  • How does the probate process work?
  • How is the Internal Revenue Service (IRS) involved in the probate process?
  • Is there a small estate exception to probate?
  • My spouse died and left a will leaving his assets to me and my children. Do we have to probate the will?
  • The decedent owed me money. How do I file a claim against the estate?
  • Are probate records available on the internet?
  • How should I deal with the time and cost of probate?
  • Do life insurance or retirement benefits need to go through probate?
  • What is a formal probate?
  • What is ancillary probate?
  • What rights do surviving family members have in probate?
  • What should I do to prepare for seeing a probate attorney?
  • How can I plan to avoid or minimize probate?
  • How long will probate take?
  • How can an attorney assist me in the probate process?
  • Why Is It Important to Know the Names and Addresses of the Family Members and Relatives of the Deceased?
  • What is probate?
  • What are Letters of Administration in Probate?

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      • Lack of Capacity
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      • Undue Influence
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