What Is Probate?

We hear the term probate a lot, but what is probate? Probate or probate administration is a court supervised distribution of a decedent’s assets to their beneficiaries and payment of their debts to creditors. Typically probate distributes a decedent’s assets according to their Last Will and Testament. However, if no Will existed at the time of death, their assets will pass by way of Florida’s Intestacy Statute discussed in our post on“Why Should I Have A Will”.

Not all of a decedent’s assets must past through probate to be distributed. Only probate assets must pass through probate.  Probate assets are those who were owned solely by the decedent, such as bank accounts without a beneficiary named or real estate titled in the name of the decedent only.

If a loved one has passed away with assets, it is important to contact an experienced probate attorney to assist you in opening and navigating though probate. Please contact us at any time for a free case evaluation.

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