Probate is the process of proving the validity of a will and administering the estate of a deceased person. In Florida, probate is handled by the circuit court in the county where the deceased person resided. If there is no will, or if the will is not valid, the estate will be distributed according to Florida's intestacy laws.
If probate is not filed, the probate court will not distribute the assets of the estate. The probate process provides a legal mechanism for resolving disputes over the estate, and without it, beneficiaries may have to resort to litigation to assert their rights.
In addition, probate gives creditors of the deceased person a chance to file claims against the estate. Without probate, creditors may not be aware of the death and may not receive payment for their claims.
Finally, probate provides a way to determine whether all debts and taxes have been paid before distributing the remaining assets to beneficiaries. Without probate, beneficiaries may receive less than they are entitled to because of unpaid debts or taxes.
Published: Sep 25, 2022
Updated: Aug 17, 2022