Must a will be filed upon the death if the only beneficiary is the spouse?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Must a will be filed upon the death if the only beneficiary is the spouse?
My husband died and had unclaimed funds state of Florida I have submitted all of the required paperwork, certified death certificate, copy of the will and my identification. They are now asking for court documents either Letters of administration open estate or Petition for administration closed estate or a Summary administration. How does one obtain these letters? I am the sole beneficiary of his entire estate.
Asked on June 29, 2019 under Estate Planning, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, you have to do this, because a will only has power or effect if it is filed and if all the proper legal steps are filed--that is, the will goes through probate. A will that is not probated may as well not exist. It doesn't matter how many beneficiaries, or who they are: what matters is that a will is involved.
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 AttorneyPages.com 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.