What is Probate in Florida?
So what exactly is Florida probate? In Florida, probate is needed when someone who has resided or owned Florida assets dies and leaves assets behind. There are many different types of Florida probates but a formal administration is a form most people think of when they hear the word probate.
The probate court, with a formal administration in Florida, appoints a Personal Representative (PR) to administer the estate of a decedent. Some states call that individual an executor or executrix.
In Florida, the terms “Personal Representative” is used. Chapters 731 through 735 of the Florida Statutes provide the Florida Probate Code [i].
Why is Probate important?
Probate is expected to pass ownership of the decedent’s probate assets to the beneficiaries of the decedent.
If the decedent left a valid will, it will be useless to pass ownership of probate assets to the beneficiaries of the decedent unless the will is admitted to probate in court.
If the decedent did not have a will, probate is required to pass ownership of the probate assets of the decedent to those who are to obtain them under Florida law.
Probate is also essential to wind up the financial affairs of the decedent and pay taxes.
Administration of the estate of the decedent ensures the creditors of the decedent are paid if certain rules are followed appropriately.
Importance of hiring a Probate Attorney in Florida
Florida laws require that an estate’s PR hire a probate lawyer to guide him or her through the process. While it may seem like an additional burden to hire an attorney, an attorney should help make the probate process as effective as possible.
It is in the best interests of the estate and all stakeholders to wrap up probate administration promptly.
The Finity Law Firm can help, whether you are a PR, a creditor, a beneficiary, or an heir affected by a probate process in Florida.