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Florida Probate administration is the court-supervised process that involves identifying and gathering the assets of an individual who has passed away (commonly referred to as the decedent). The probate process ensures that the claims by the decedent’s creditors, the expenses of administration, and all appropriate taxes are properly addressed and/or paid. Florida probate also involves distributing the assets from the decedent’s name to all beneficiaries.
Assets that a decedent owned at the time of the death are considered probate assets. Probate administration – the process of proving that a will is genuine – applies only to probate assets. The Florida Probate process is necessary in order for the assets to be transferred to all appropriate beneficiaries, especially in cases where the deceased did not leave a valid will behind.
If the decedent left a valid will, it must be admitted to probate by the Court before the probate process can begin. On the other hand, if the will is not admitted it would be ineffective to pass title to the beneficiaries. If the decedent has no will, Florida probate is necessary to transfer ownership of the assets under the Florida Intestate Succession laws to those who are to receive them.
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