Who Determines the Necessity of Probate?

Probate is the legal process of wrapping up a person's affairs after death. This includes distributing their assets, paying debts and taxes, and resolving any remaining legal issues.

The probate process can be long and complicated, and it often requires the help of a lawyer. In most cases, probate is handled by the personal representative of the deceased person's estate.

For example, if the deceased person owned property in more than one state, probate may be necessary for each state. Probate may also be required if the deceased person dies without a will (intestate). In Florida, any interested person may petition the court to open probate. The court then appoints a personal representative, giving preference to the person named in the will or, if there is no will, to the surviving spouse, then to the person selected by a majority in interest of the heirs.