Probate is the process for gathering and identifying the assets belonging to a deceased person, or decedent. In addition, this court-supervised process includes paying the debts of the decedent and distributing his or her assets to specified beneficiaries.

Probate assets are defined as any assets owned by the decedent at his or her time of death. Probate assets can include bank accounts owned solely by the decedent, life insurance policies, annuity contracts and individual retirement accounts payable to the estate of the decedent, real estate titled solely to the decedent, and other assets owned by the decedent exclusively.

Probate is necessary because it allows for the passing of asset ownership from the deceased person to the decedent's beneficiaries, regardless of whether the decedent had a valid will. It also ensures that any creditors to which the decedent was indebted are paid properly.

There are several parties involved in the probate process. Some of these parties may include the Circuit Court Clerk in the decedent's county, the Circuit Court itself, the decedent's executor or personal representative, any attorneys hired by the personal representative for legal advice, creditors entitled to money from the decedent, and the IRS.

Probate papers, including the decedent's will, must be filed with the Circuit Court Clerk in order for the probate process to begin. After a filing fee is paid, the Clerk will assign the probate papers a file number. Any probate documents containing financial information are restricted from public inspection.

If you have questions about probate in Florida, an experienced probate and estate administration attorney can help.

Source: The Florida Bar, "Probate in Florida"