Probate is required when a person dies, owning assets in Florida, in his or her sole name, or with one or more co-owners with no provision for automatic succession of ownership. Probate is the formal process through which the decedents final bills, expenses and taxes are paid and the assets are properly distributed to beneficiaries. This process is supervised by a circuit court judge.
Even what most people would think is a “simple estate” has procedures and rules that must be followed. These include, but are not limited to: notice requirements to interested parties; publication; time limits; creditor rights and claims; taxes; and, accounting to beneficiaries.