Filing the Will with the Court in Pembroke Pines, FL
Filing the will with the court is the first formal step in opening a Florida probate case. It means submitting the original will, along with a petition for administration, to the circuit court in the county where your loved one lived. Without this step, the estate cannot move forward and assets cannot legally transfer to beneficiaries.
If you've recently lost someone and been named as personal representative, Carol L. Grant, P.A. can handle this filing for you and guide your family through the full probate and estate administration process. Call us at (954) 404-8274 to schedule a call.
Who Needs to File a Will with the Court?
Under Florida law, the person who has custody of the original signed will is required to deposit it with the court within 10 days of learning of the death, even if no probate is ultimately opened. This “custodian” is often, but not always, the person named as personal representative.
If you are the named personal representative and have the original will, you are typically the one who will file it with the circuit court. If you are an heir, beneficiary, or creditor and you do not physically have the original will, you may still start the process by consulting an attorney, who can help locate the custodian and file the appropriate paperwork.
This requirement applies to families in Pembroke Pines, Miramar, Hollywood, Fort Lauderdale, and throughout Broward and Miami‑Dade Counties.
What Happens When You File the Will
Step 1: The Original Will Is Submitted to the Court
The original signed will must be filed with the circuit court in the county where the deceased person lived. If the will is lost or only a copy exists, that creates additional legal hurdles. Carol can advise you on your options if the original cannot be located.
Step 2: The Court Reviews the Will's Validity
The court examines whether the will meets Florida's execution requirements, signed by the testator at the end, witnessed by two people who were present at the same time. A self-proving will (one with a notarized affidavit) can be admitted without requiring witness testimony. Non-self-proving wills may require at least one witness to appear or provide sworn statements.
Step 3: The Petition for Administration Is Filed
Alongside the will, an interested party files a petition requesting the court to open the estate and appoint a personal representative. Once approved, the court issues Letters of Administration, which give the personal representative legal authority to act on behalf of the estate.
Common Questions About Filing a Will with the Court
Does every will have to go through probate in Florida?
Not always. If the deceased person held all assets in a revocable living trust or owned property jointly with rights of survivorship, probate may not be required. However, any will should still be filed with the court even if full probate isn't needed.
How long do I have to file the will?
Florida law requires the person holding the original will to file it with the court within 10 days of learning of the death. This is a legal obligation, not optional, regardless of whether you intend to open a full probate case.
What if the will is lost or only a copy exists?
A lost or missing original will creates complications. Florida courts presume a missing will was intentionally revoked, which can complicate distribution. Carol can help you assess your legal options and present the strongest case possible to the court.
What is a self-proving will and does it matter for filing?
A self-proving will includes a notarized affidavit signed by the testator and witnesses at the time of execution. It matters because it can be admitted to probate without requiring the witnesses to testify, saving time and reducing delays, especially when witnesses are difficult to locate years later.
What happens if someone contests the will after it's filed?
Once the will is submitted, any interested party has the right to challenge its validity, typically on grounds like fraud, undue influence, or improper execution. Carol represents families through will contests and works to protect the estate's integrity during disputes.
Do I need an attorney to file the will with the court?
Technically, individuals can file documents with the court, but Florida law requires that a personal representative be represented by a licensed Florida attorney throughout the administration process. Working with an attorney from the start helps avoid costly mistakes and delays.
Areas We Serve
Carol L. Grant, P.A. helps families with probate matters throughout South Florida, including Pembroke Pines, Miramar, Hollywood, Fort Lauderdale, Davie, Cooper City, West Park, Hallandale Beach, Miami Gardens, and communities across Broward County and Miami-Dade County.
Schedule an Initial Call to Discuss Ancillary Probate with Carol
Dealing with probate in two states doesn't have to be overwhelming. Whether you're just learning you need ancillary probate in Florida or you're ready to get started, Carol L. Grant, P.A. can help. We'll explain what's required, coordinate with your out-of-state attorney, and handle the Florida side of things efficiently. You don't need to become an expert in Florida probate law, that's our job. Call (954) 404-8274 today to schedule your consultation, or email us at Carol@CarolGrantLaw.com. Let's get that Florida property transferred properly.