Probate is the court-supervised process used to identify estate assets, address valid debts and expenses, and transfer property after a death. Not every asset passes through probate, and the correct process depends on how property was titled, beneficiary designations, the presence of a will or trust, and Florida law.
Do not assume the will controls every asset
Some property may pass by beneficiary designation, survivorship, trust terms, or another legal mechanism. A will generally directs probate assets, but it does not automatically override the ownership structure of every account or property. Keep original documents safe and avoid writing on them.
Situations that deserve prompt legal attention
- There is real estate, a business, or property in more than one state.
- Family members disagree about the will, personal representative, property, or expenses.
- The person died without a will or the original cannot be located.
- There are significant debts, tax concerns, creditor pressure, or uncertain beneficiaries.
- A surviving spouse, minor child, dependent, trust, or homestead issue may be involved.
- Someone is asking you to sign, transfer, sell, or distribute property before authority is clear.
Prepare for the first conversation
Gather the death certificate when available, the original will or trust, a list of property and debts, recent account statements, deeds, beneficiary information, and questions from the family. An attorney can explain which process applies and who has authority to act.
Browse estate and probate professionals, or Request Help if you would rather have appropriate local providers contact you. This article is general education, not legal advice.