Skip to main content

Can I file a petition with the corts to become the executor of my moms estate

Fort Lauderdale, FL |

can I file forms to become a executor to my moms estate if she didn't have a will and as long as my other siblings agree and sign this form? Also can I file these papers without an attorney?

Attorney Answers 6

Posted

If you and your siblings are your mother's sole heirs, then you probably can administer the estate. The clerk of court for the probate court may have forms available, and perhaps even online. You could also simply call the clerk's office in the jurisdiction where your mother died. They should be able to tell you the steps and whether, based on difficulty, an attorney is needed.

Disclaimer: This answer is provided for informational purposes only. This answer does not constitute legal advice and should not be relied on. Legal advice can only be provided after consultation with an attorney with experience in the area in which your concern lies. This is so because each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and/or documents at issue. This answer does not create an attorney-client relationship.

Mark as helpful

Posted

Yes, you can file a Petition to be nominated Personal Representative (executor) but you will need an attorney since Florida requires one when there are multiple beneficiaries. A review of the assets will need to be done to determine what form of probate is appropriate (i.e. the estate may qualify for Summary Administration). Should you have further questions or require assistance, please feel free to contact me.

Douglas R. Coenson, Esq.
coensonlaw@juno.com
(561) 315-2120
Jupiter, FL

Mark as helpful

Posted

I agree with second answer-and I think the first answer would probably work in Virginia.

Mark as helpful

Posted

You've received some good information in prior answers. If your siblings agree, and they are the only other beneficiaries, then unless there is something to disqualify you, you would likely be appointed.

Please note that nothing herein is or may be relied on as legal advice. Each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Also, it is a minor point, but in Florida what you refer to as an "executor" is generally referred to as a "personal representative."

Best wishes for a just and speedy resolution.

Mark as helpful

Posted

A review of any assets is necessary to determine what type, if any, probate would be necessary. Also, as long as you are in state you should not have to post a bond, but if you are out of state the Court will require a bond.

Mark as helpful

Posted

You will need a local attorney to file the papers. The process is relatively straightforward. You will be filing what the florida law calls an "intestate" estate-meaning without a will. If your siblings agree you will likely be appointed the personal representative and be given the responsibility of collecting your mother's assets and then ultimately distributing them among your sibling and yourself. Presently, the process takes about five to twelve months depending on the assets and potential creditors. Good luck!

Mark as helpful

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics