What Happens If You Don't File Probate in Florida?

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: Dec 8, 2023

Updated: Dec 8, 2023

Read more FAQ...

What's a Letter Of Testamentary?


What Should I Do If I am Inheriting a House That Is Not Paid Off?


What Is the Formal Probate Threshold in Florida?


What Is Ancillary Probate?

Disclaimer section
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.

Our Practice Areas

Our talented and experienced attorneys and team members come from diverse backgrounds, but we share a common belief in doing right by those that entrust us with their legal matters. At Easler Law, we bring real-world experience to the table, we will critically think for you, we will do the work right, and we will never make excuses.

Search among the most frequently asked questions