What is Probate in Florida

What is probate?

Probate refers to the legal determination of heirs to a deceased person’s property. Probate is a necessary step in transferring ownership of property titled in the deceased person’s name (ie. Real property and some bank and investment accounts).

During probate, the court will determine: the validity of a Will or the nonexistence of a Will, the existence and rights of creditors, the existence and rights of heirs; then, the court will order the distribution of the deceased person’s property in accordance with those rights. Florida probate will only determine the ownership of Florida property. If a deceased person owns property in another state or country, then an ancillary probate proceeding will need to be opened in that state or country.

There are different types of probate proceedings depending on the size of the estate and the amount of time since the person’s death. Consult an attorney to determine which type of probate proceeding is right for your particular situation.

More Information: For more information, please see our probate page
Attorney: Eve Travis
Status: Answered
Date Filed: September 25