The court oversees the estate to make sure debts are paid and proper distribution is made. 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 a legal process provided for by Florida law which determines the value of a deceased person's property and its distribution to heirs. Probate proceedings take place in the circuit court of the county where the deceased property owner lived or maintained his or her usual place of dwelling.
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 written direction controlling the disposition of property at death. The laws of each state set the formal requirements for a legal will. You must be of sound mind at the time you sign your will.