What Is Probate?

Probate is the legal process of transferring a person’s assets after they pass away.

Most people assume that if there’s a will, everything automatically goes to the intended beneficiaries—but that’s not always the case.

If assets are titled in a person’s name alone, without a beneficiary or joint owner, probate is typically required to legally transfer those assets.

This can include:

• A home

• Bank accounts

• Investment accounts

• Personal property

Why Would Someone Need Probate?

Probate is necessary when there is no other legal way for assets to pass directly to someone else.

For example:

• No beneficiary is listed on an account

• Property is owned individually

• There is no trust in place

Without probate, families often cannot:

• Access accounts

• Sell or transfer property

• Fully settle the estate

What Does Probate Do?

Probate ensures everything is handled properly by:

• Appointing someone to manage the estate (Personal Representative)

• Identifying and protecting assets

• Notifying creditors and beneficiaries

• Paying debts and expenses

• Distributing what remains

It provides a structured process so nothing is missed.

The Florida Probate Process (Simplified)

While every case is different, most probate matters in Florida follow these general steps:

1. Opening the Estate
A petition is filed with the court, and a Personal Representative is appointed.

2. Gathering Assets
All assets are identified, secured, and organized.

3. Notifying Parties
Beneficiaries and creditors are formally notified. Creditors have 90 days to file claims.

4. Paying Debts
Valid debts, taxes, and expenses are paid from the estate.

5. Handling Property
Real estate may be sold, transferred, or handled through a homestead process.

6. Distributing Assets
Remaining assets are distributed according to the will—or Florida law if there is no will.

7. Closing the Estate
A final accounting is filed, and the estate is officially closed.

How We Help

For many families, probate can feel unfamiliar and overwhelming—especially during an already difficult time.

Our role is to:

• Guide you through the process from start to finish

• Handle court filings and legal requirements

• Communicate clearly so you always know what’s happening

• Help avoid unnecessary delays

So, you can move forward with clarity and peace of mind.

If you have questions about probate—or want to understand how to plan ahead and potentially avoid it—reach out to your Family Partner. We’re here to help.