How Does Probate Work?

Probate is the court system used to identify, gather, and distribute the assets of a person after they pass away. The way this process moves forward can vary depending on whether or not a person had a will in place at the time of their passing. In some situations, probate court can be avoided entirely.

If you are wondering how probate works, you should know that every case is unique, but there are steps that must be accomplished in every situation. An experienced probate attorney can explain how this system works and help you develop your own estate plan.

What is Probate?

The probate process is a part of Florida law, but every state has adopted it in some form. This system exists to ensure the orderly distribution of property after a person’s death. Along the way, the court can also resolve disputes, address claims, and ensure creditors are paid.

Two different options exist under Florida law: formal and summary administration. Formal administration is the traditional approach to probate court. It can take time, cost more money, and require the support of legal counsel. Unfortunately, many estates will only qualify for this option.

Summary administration is favored by many because it is faster, cheaper, and less complex. The judge handles much of the distribution directly, which greatly simplifies things. To qualify, the estate’s non-exempt assets must be worth less than $75,000 in total. Alternatively, there is no dollar limit if the decedent died more than two years prior.

What Assets Are Part of the Probate Process?

One of the important ways that probate works is that only certain property is affected. The court only has the power to distribute probate assets, which is property owned exclusively by a person at the time of their passing. Assets that are jointly owned are not included in the estate in most cases. Typically, full ownership of the property—including the family home—passes to the surviving owner.

There are also certain assets that are naturally excluded from probate. This is often done intentionally as part of the estate-planning process. For example, payable-on-death accounts designate an heir, and it is transferred to them automatically at the moment the owner dies. Proceeds from life insurance policies work in the same way.

One of the most common ways to avoid probate is to put property into a trust. These legal entities become the owners of the asset, but in many instances, the trust creator still profits from the transaction.

Appointing the Personal Representative

Generally, the probate process in Florida only works once the personal representative for the estate is appointed. This individual has the role of overseeing everything from paying creditors to asset distribution.

Often, a person will name their chosen representative in their will. When that does not happen, it is up to the court to select someone to fill this role. That individual is tasked with moving the process forward.

Call Us Today and Learn More About How Probate Court Works

There is no question that this area of the law is complex, so it is natural to wonder how probate in Florida works. Thankfully, you are not required to figure it out on your own. The Florida Probate & Family Law Firm is here to help. Call immediately for your free case evaluation to get answers to all of your legal questions.