Probate

[lindascobb]

My husband passed away 7 years ago this past September. I have never been able to come up with the $5,000 an attorney wants to start probating the estate. The estate consists of a home worth about $175,000. Due to this I have lost half of my homestead exemption and my taxes have skyrocketed and becoming unaffordable. I need to get it done. I have been told that a I could do a summary admninstration due to the amount of time that has gone by since none of his children have come forward to put a claim in. This is in Florida by the way. We bought this house in 1992 as two individuals and got married later but of course the complication is the way the house was titled originally. I have not been able to find the paperwork myself to do a summary administraton. There is a will as well. Can I do this without the expense of an attorney? Any advise would be helpful.

 

[lwpat]

Florida law requires anyone in the possession of a will to turn it over to the probate court within ten days of death. Since you both own the house as two individuals then he only owns one half. If the property is only worth 150,000 then I think you can do an informal probate (under 75,000). With the current market that may be reasonable. The place to start is the probate court. Go on down and get it over with. Check with the local senoir organizations to see if any offer pro bono help.