probate of estate florida/ funds only ..less than 75k

[brothers]

My estranged father passed away over 3 years ago and left no will and a small bank account with just under 10k in it. My older brother does not want to be contacted by anyone concerning this he does not feel we should take anything remotely connected to our father. Needless to say he has hard feelings. He will not cooperate in waiving his right to any part of the estate can my sister and myself still proceed with the probate without his waiver?

 

[army judge]

My estranged father passed away over 3 years ago and left no will and a small bank account with just under 10k in it. My older brother does not want to be contacted by anyone concerning this he does not feel we should take anything remotely connected to our father. Needless to say he has hard feelings. He will not cooperate in waiving his right to any part of the estate can my sister and myself still proceed with the probate without his waiver?

You can initiate probate proceedings.
The court will do the rest.
You might want to speak with a couple local attorneys for guidance.
Your brother doesn't have to accept any inheritance, and his refusal has nothing to do with yoru acceptance.

As long as probate was ever opened, there is no SOL barring you or your sister from opening a probate proceeding.

If your brother still wants to refuse his claim, the court will address that.

He's free to refuse it, you're free to accept it.


http://www.afloridaprobateattorney.com/florida-probate-statutes.html