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My father died and left a will now what

Fort Lauderdale, FL |

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

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Attorney answers 3


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.


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


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.