Who can file for Probate in Florida?
Any creditor or beneficiary of an estate can legally file for a Probate in Florida. However, if the decedent left a Last Will & Testament (Will), then the Personal Representative (Executor) named in that Will usually initiates the Probate.
On the other hand, if no Will was ever executed by the decedent, or if it cannot be located, then normally a close relative will file for the probate. Florida Statutes 732.901 requires the person having custody of a will to deposit it with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian can be liable for attorneys fees and costs if they fail to comply with the statute. For this reason, it is important to consult with an experienced West Palm Beach estate probate attorney if there is any question of whether you are under any obligation, or have the option, of filing for probate in Florida.