Is filing with probate mandatory?

The custodian must deposit the will within 10 days after receiving information that the testator is dead with the Clerk of the Court where the testator died (in this case the Clerk of Palm Beach County). If the custodian fails to do so, an interested person may file a petition to compel the custodian to produce and deposit the will. A probate attorney should be able to determine if probate is necessary after an in-depth evaluation of all the pertinent factors. There are a lot of different variables to consider when determining whether probate is necessary, and if so, which proceeding must be commenced. Good luck!