Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent's debts, and distributing the decedent's assets to his or her beneficiaries.
Do all estates require probate? All estates do not go through probate in Florida. If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies.
- File a Petition with the Probate Court.
- Notify the Deceased's Creditors.
- Inventory the Deceased's Estate.
- Close Creditor Period & Pay Valid Debts.
- File & Pay Estate Taxes.
- Final Estate Accounting.
- Distribute Remaining Assets to Beneficiarie
The formal probate administration usually takes 6-9 months under most circumstances - start to finish. This process includes appointing a personal representative (i.e., the "executor"), a 90 days creditor's period, payment of creditor's claims, and more.