Probate
Probate is the legal process by which a person’s will is allowed by the Probate Court. The provisions of the Will dictate how the individual’s debts are paid and assets are distributed upon death. Administration is the legal process where an intestate Estate (where there is no Will) is filed with the Probate Court and an Administrator is appointed to administer the Estate.
The distribution of assets is often called estate administration. This process typically happens in one of two ways:
Testate — Deceased person left a will, and ownership of assets will pass to beneficiaries in accordance with his or her wishes.
Intestate — No valid will exists, so assets will pass to those who are to receive them according to Florida law
Dying intestate brings several problems. The probate court will appoint an administrator for the estate. The administrator may be a family member, friend, local attorney, or professional administrator.
The appointed administrator will need to be bonded and must take inventory of the estate’s assets for the probate court. The appointed administrator will need the probate court’s approval to make important decisions regarding the sale of assets, the payment of debts, and the distribution of property to the heirs.
The appointed representative may face adversarial action by creditors or heirs.
If the decedent has minor children, the probate court will likely be the one to appoint legal guardians for them. There is no assurance that the court will look for a guardian who possesses the same qualities the decedent would have wanted.