What is probate and how does it work?

Probate is the legal process used to settle a deceased person’s estate, and it’s overseen by the courts. During probate, the court will confirm the validity of a will and then identify, collect, and inventory all of the deceased’s assets. It assesses any outstanding debts the deceased may have owed, pays taxes and court fees, and distributes the estate among beneficiaries. In Florida, if the deceased left a will, then the process is known as testamentary probate. This is when the court reads through the terms of the will and decides whether it is legally valid. After the court approves the will and confirms its legitimacy, the estate will be distributed according to its terms. If the deceased dies without a will, then the process is known as intestate probate. Here, the court will distribute the estate according to the state’s intestate laws. In general, a spouse or closest relative will administer the estate in these cases. In both cases, the court will appoint an executor — sometimes referred to as a personal representative — who will be responsible for managing the estate throughout probate. This includes filing all the necessary paperwork, paying debts, filing taxes, and creating an inventory of the deceased’s assets. After that’s all been done, the executor will distribute the estate according to the terms of the will or the intestate laws.

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What is probate and how does it work?

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