Probate question

UPDATED: Sep 30, 2022

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Probate question

My mom passed away 2 years back without giving us her original will. I do have a
copy but I cannot use that to get access to her assets. Its bank and brokerage
accounts amounting to less than 50,000. We live in South Florida and would like
to know how can I go about this process. The will states that I am a legal heir.
Thank you

Asked on August 1, 2017 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You need to probate the will. The person named as executor in the will (presumably you) will receive authority from the court (an order or what is sometimes called a "letter testamentary") to access and dispose of your mother's assets according to the will. Contact the probate court in the county in which your mother lived for instructions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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