Probate is the process of validating the will by establishing that it was validly executed and constitutes the last will of the decedent. Probate Administration is the process of administering a deceased’s person’s estate by resolving all claims against the estate and distributing the deceased person’s property to the beneficiaries. If the decedent had a valid will, the property will pass to the beneficiaries under the will. Otherwise, the property will pass by intestacy, which is defined by statute in Florida.

The probate process begins with petitioning the probate court to appoint a personal representative to take control of the assets. The personal representative then pays any valid claims against the estate with the estate’s property and then distributes the leftover property to the correct beneficiaries. Florida law requires a personal representative to be represented by an attorney. Probate can be a time consuming and complicated process.

Our attorneys have handled the settlement of many estates, large and small, throughout the state of Florida.