Probate in Florida

Whether probate is required depends upon the type of property the deceased (person who died) owned and how it was owned at the time of passing.

It also depends on in which State the deceased has died in as the laws of the State of Probate will apply accordingly.

The main purpose of probate is to validate a will and distribute the decedent’s estate to its rightful beneficiaries and heirs.

The size of the estate is a factor to initiate the probate process.

In general, it is essential, before the property of the deceased can be legally distributed, to go through probate or, in the case of smaller estates, under the general supervision of the probate court, a much less formal procedure.

Since the law, rules, and procedure for Probate vary in each State, this article will discuss Probate in Florida.

Florida Wills and Probate

If the will of the decedent disposes of all the probate assets of the decedent and assigns a PR, the will control the Florida law’s default provisions.

If the decedent has not had a valid will, or if the will fails in some respect, the names of those who are to receive the probate assets of the decedent, as well as those who are to be selected as the PR of the probate estate of the decedent, will be as provided by Florida law.

How Probate in Florida works when there is no Will?

Florida’s intestacy laws apply to someone who passed away without a valid will. Even if the decedent dies intestate, the probate assets are never turned over to the State of Florida unless no heirs are identified or the assets are unclaimed for a number of years they will be turned over to the State through a process called escheating.

The “heirs” of the decedent are those related to the decedent and described in the statute of Florida which governs the allocation of the probate assets of a decedent who died intestate.

If the decedent died intestate, the probate assets of the decedent shall be allocated to the heirs of the decedent in the order of priority as found in Part I, Chapter 732 of the Statutes of Florida.

How Florida Law protects surviving spouses and children

The surviving spouse and children of the decedent may be expected to receive probate assets from the probate estate of the decedent, even though the will of the decedent provides nothing to them.

The law of Florida safeguards the surviving spouse of the decedent and other surviving children from complete disinheritance.

Limitation Period for Florida Probate

Strict deadlines for filing lawsuits against the estate or personal representative are set.

In general, the estate and the personal representative cannot be held liable for any claim arising two years after a Florida person’s death.

Creditor claims may be barred 3 months after creditors first publish the notice.