Florida Probate Laws Explained

Whether you are a named beneficiary of a person recently deceased, or believe you are entitled to property of that deceased person, it is imperative to understand that all estates typically go through probate in Florida. There is usually no getting around probate because this is where it is determined if there is, in fact, a valid will and if the beneficiaries are actually entitled to the assets of the estate. Sometimes if a will is contested, it can take years to sort through all the details and why most beneficiaries of a sizable estate hire a Florida probate lawyer. But first, let's look briefly at Florida probate law.

A Brief Definition and the Probate Process

As stated above, probate is a process supervised by the court system whereby it is determined if there is a will and if that will is valid. The courts will look at evidence as to whether or not the decedent was of sound mind and not under duress when making the will. Typically a will of any magnitude is carefully drafted by an attorney. The recently deceased person is referred to as the decedent and anyone receiving all or a portion of the assets are beneficiaries. If there is no will, assets (property) are distributed according to Florida law.