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Understanding the Probate Process in Florida

Loune-Djenia Askew, Esq.

Apr 10, 2024

The probate process is an essential legal step for administering the estate of a deceased person. In Florida, certain protocols and jurisdictions are in place to ensure this procedure is carried out effectively. Let's delve into the critical elements of probate within the Sunshine State.

What is Probate?

Probate is a court-supervised procedure that involves collecting a deceased person's assets, notifying and paying any creditors, and distributing the remaining assets to heirs or beneficiaries. It's the legal method to confirm that the deceased's estate is settled appropriately and equitably.

Filing for Probate in Florida

When a Florida resident passes away with a will, it must be filed with the probate court in the county of their residence. If the individual lived and passed away in their home county, that county's probate court would be the appropriate venue for the process.

In the absence of a will, the estate will be administered according to Florida's intestacy laws. These laws determine the sequence and proportion of distribution to the decedent's next of kin.

Court Locations for Probate in Florida

Probate matters in Florida are handled by the Circuit Court in the county where the deceased person resided. Each county has designated courts for probate filings:

For example, the Miami-Dade County Circuit Court in Miami, or the Orange County Circuit Court in Orlando, could be the places for such proceedings. These courts are tasked with ensuring the probate process is as seamless and efficient as possible for Florida residents.

The probate process in Florida is crucial for the lawful distribution of a deceased individual's estate. Whether you are a resident handling a local estate or managing the estate of a non-resident, understanding the state's probate procedures and knowing the correct court locations are vital for navigating this complex process with ease.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.

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