The following was reprinted in part with permission of The Florida Bar. Probate is a court-supervised process for identifying and gathering the decedent's assets, paying taxes, claims and expenses, and distributing assets to beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes. Generally, probate assets are those assets in the decedent's sole name at death or otherwise owned solely by the decedent, and which contain no provision for automatic succession of ownership at death. This list is not exclusive, but is intended to be illustrative.
Probate is necessary to wind up the affairs the decedent leaves behind.
Florida has had probate laws in force since becoming a state in 1845. Florida law provides for all aspects of the probate process, but allows the decedent to make certain decisions by leaving a valid will. A will is a writing, signed by the decedent and witnesses, meeting formal requirements set out by Florida law. A will usually designates a personal representative and names beneficiaries to receive probate assets. A will can also do other things, including establishing a trust and designating a trustee.