Is Probate Necessary If There Is a Will in Florida?

In Florida, probate is the legal process of administering the estate of a deceased person. If the deceased person left a will, the probate court will appoint an executor to carry out the instructions in the will.

The court will appoint an administrator to manage the estate if there is no will. The probate process can be lengthy and expensive, so many people choose to avoid it if possible. However, there are some situations where probate is necessary, with proper estate planning.

For example, if the deceased person owned real estate or had significant debts, probate may be required to transfer ownership of the assets or pay off creditors. In addition, probate may be needed to distribute certain types of assets, such as retirement accounts or life insurance policies. As a result, it is essential to consult with an attorney to determine whether probate is necessary for your particular situation.

Published: Dec 8, 2023

Updated: Dec 8, 2023

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This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

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