Articles Posted in Probate Litigation

St. Clearwater Probate court is located in Pinellas County. Clearwater does not have any unusual probate fees.

The Pinellas County Courthouse is located at:

     315 Court Street      Clearwater, Fl 33756      Tel: (727) 464-3267.

We often get calls from clients stating that they believe they are included in the will of a father, mother, or any decedent but have been unable to obtain a copy of the will to verify their thoughts. It is important to understand that just because you are included in a will, it does not mean you will receive what the will states. Often a parent has remarried and the Florida Will only transfers assets that are subject to probate. If all of the assets are jointly owned with their new spouse, there is nothing to pass through probate.

This concept is hard for people to understand and even harder when an unfriendly step-parent is involved. Regardless, many people still want to see their parents Florida Will. Generally we will send the custodian of the will a letter informing them of their obligation under Florida law to file the will within 10 days. If they refuse to do so, you have three choices:

1) do nothing or wait until they comply;

2) file a lawsuit asking that the court direct the custodian of the will to deposit it and reimburse you for your costs; or 3) open a probate and ask the court to order the custodian of the will to deposit it and reimburse your for your costs.

Opening a Florida Probate is more expensive than filing the lawsuit, but if a Florida Probate is needed it will save money in the end.

Are you searching for Free Florida Probate Forms? In most Florida Probate cases the personal representative or executor must hire an attorney. While this is not necessary in some other states, the Florida laws require it. A Florida Probate Lawyer will be familiar with the rules of the probate process in Florida.

The Attorneys at Law Office of David M. Goldman PLLC can help you to understand the complicated forms that are associated with Florida Probate . Whether you are a personal representative, an executor, a creditor, or a beneficiary, we can help you file the correct paperwork and make sure that everything is done correctly so that the court will be able to grant what is being requested. A Florida Probate Lawyer can help you make sure you do not miss any of the steps necessary to be heard.

Your search for Florida probate forms stops here. Much of the information necessary for a successful Florida Probate can be found on this website.

In Florida, the custodian of a will is required to file the will with the court having jurisdiction over the decedent within 10 day of learning that the testator is dead. As Florida Probate Lawyers we often have clients who are wanting to see a family members will but are not provided with one. Although you may not have a right to get one from the custodian, you can require them to file it in the court and then obtain a copy with the court.

If the custodian refuses or delays in filing the testator’s will timely (within 10 days) you may file an action to require compliance with the Florida Statutes. In such a case, you are entitled to be reimbursed all costs, damages, and a reasonable attorney’s fees.

We often send demand letters for our clients requesting the will to be deposited with the court prior to filing actions on their behalf. If you would like to learn more about this and how you can obtain a Florida Will Contact a Florida Probate Attorney to discuss your situation.