Did you know?...

Probate is a court-supervised process for identifying and gathering the decedent's assets, paying taxes, claims and expenses, and distributing assets to beneficiaries.  The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes.

This is not exclusive, but is intended to be illustrative.

Why is Probate Necessary?

Probate is necessary to wind up the affairs the decedent leaves behind.  Florida has had probate laws in force since becoming a state in 1845.  Florida law provides for all aspects of the probate process, but allows the decedent to make certain decisions by leaving a valid will.

What is a Will?

A will is a writing, signed by the decedent and witnesses, meeting formal requirements set forth by Florida law.  A will usually designates a personal representative and names beneficiaries to receive probate assets.  A will can also do other things, including establishing a trust and designating a trustee.

To the extent a will properly devises probate assets and designates a personal representative, the will controls over the automatic provisions set forth under Florida law.  In the absence of a valid will, or if the will fails in either respect, Florida law designates the beneficiaries and designates the way to select the personal representative.