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Probate is the legal process through which a deceased person’s assets are distributed to the heirs or beneficiaries, per the wishes of the deceased as stated in The Last Will and Testament or if there is no will, according to Florida Law. The Court oversees the estate to ensure that all debts are paid and assets are properly distributed. Probate is needed when a court order is required to transfer ownership of the deceased’s properties or to distribute the assets of the estate. Probate is not needed if all assets were jointly held and one of the joint holders is the survivor.
Probate matters include:
- Wills (not filed until the death of the party).
- Estates (when there are assets to be distributed).