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
Probate 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 to administer the estate.
2. Gathering Assets
All assets are identified, secured, and organized.
3. Notifying Parties
For this step, beneficiaries and creditors are formally notified and creditors have 90 days to file claims.
4. Paying Debts
The Personal Representative reviews all claims and ensures that valid debts, taxes, and administrative expenses are properly paid from estate funds.
5. Handling Property
Real estate may be sold, transferred, or handled through a homestead process.
6. Distributing Assets
The 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
Overall, we want you to be able to 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 to our team to set up a consult or click the button below. We’re here to help. Also, below is the full webinar that goes more in depth about Probate.