My father died and left a will now what

Asked almost 5 years ago - Fort Lauderdale, FL

My father passed away and left a will. what is my next step

Attorney answers (3)

  1. Dennis Michael Phillips

    Contributor Level 17

    Answered . I'm sorry to hear about your father's passing. Your next step is to probate the will - and that means hiring a probate attorney.

    Probate is the legal process whereby a decedent's assets are marshalled by the Personal Representative named in the will (other state's call it an Executor or Executrix), creditors are notified and given a chance to make their claims, assets are re-titled, and the remaining assets (after paying creditors) are distributed pursuant to the terms of the will.

    I'm Personal Injury / Wrongful Death attorney; so I can't help you on the probate matter. But if you want, I can refer you to someone nearby. Did your father reside or own real property in Broward? If so, then you'll probably need to open a probate estate in Broward probate court.

    Good luck,
    Dennis Phillips, Esq.

  2. David Michael Goldman


    Contributor Level 16

    Answered . You need to file your father's will with the court where he lived within 10 days. Then you should decide whether a probate is required or if you want to probate the estate at this time. You do not necessarily have to open a probate, and there are times when it is better to wait because of lower costs and or claim of creditors.

    You should discuss your options with a Florida Probate lawyer who can let you know what your options are.

    David Goldman
    Apple Law Firm PLLC
    331 East Monroe Street
    Jacksonville, FL 32202

    Tel (904) 685-1200 Fax (904) 212-0678

  3. Lars A. Lundeen


    Contributor Level 20

    Answered . I recommend that you contact an estate or probate attorney in your area. This type of attorney can advise you as to the best way to proceed, based upon a number of factors which you have not disclosed here.

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