FREQUENTLY ASKED QUESTIONS
How do I get into the decedent’s safe deposit box?
If the decedent leaves behind a safe deposit box, check with the bank to find out if someone else was also listed as a co-owner of the safe deposit box. If so, a bank will open the safe deposit box when a death certificate is presented. If there is no co-owner, it may be possible to find out what is inside the safe deposit box without going to Court. Florida law allows the decedent’s spouse, parents, and certain other relatives to open and view the contents of safe-deposit boxes. Usually, this is done to search for a Last Will and Testament or life insurance information. However, an Order of the Probate Court is usually needed to remove anything from the safe deposit box.
How do I transfer title to the decedent’s vehicle?
Florida law allows up to 2 vehicles that are titled in the decedent’s name to be transferred to the decedent’s legal heirs, provided the vehicles are owned outright. Usually, a death certificate and a copy of the Will and the DMV application for a new title (see https://www.flhsmv.gov/pdf/forms/82040.pdf) is to be presented at the Department of Motor Vehicles. Keep in mind that proof of vehicle insurance may also be required.
Do I have to file the Will with the Court?
Within 10 days of death, Florida law requires that the decedent’s Will should be deposited/filed with the Probate Court in the County of the decedent’s residence. There is no cost for filing the Will.
Is there a formal reading of the Will like you see in the movies?
No, this is not a legal requirement in Florida. A Will is filed with the Probate Court in the County of the decedent’s residence and then it is public record for anyone to review. In addition, the Personal Representative of the decedent’s estate is required to send a copy of the Will to all named beneficiaries.