Our Florida probate attorneys can guide your family through the probate process. Probate is the legal process by which a decedent's assets are distributed to heirs according to the terms of the decedent's Last Will, and Florida Statutes. Florida has several types of probate proceedings, depending on the nature of the estate.
If a decedent had a will, it must be filed with the Probate Court. According to Florida law, only assets titled in the decedent's name are probated. Assets titled in the name of a trust, jointly held assets, or accounts naming a beneficiary, are not probated.
It is a common misconception that assets are probated only if they are part of a taxable estate. In fact, all assets titled solely in the name of the decedent are probated if there is no designated beneficiary on an account or policy, regardless of whether the estate is taxable.
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