Probate is actually the process where someone has passed away and their estate or their assets need to be managed. That could be with or without a will and the way that it normally works is a petition for administration will be filed with the court and the court will appoint a personal representative. The personal representative if the person is named in the will, that person would be appointed. If there is no will, then any person who applies and is qualified under the laws in the State of Florida will be appointed by the court.
This person is now in charge of carrying out the actual process of either selling the assets, dividing the assets and/or managing any assets that the person who has passed away has left behind.
In the end, the distribution is made of all of the assets to all of the heirs whether there are heirs according to the will or whether there are heirs according to Florida law.
There’s a misconception that if you don’t leave a will all of your things go to the government. This is definitely not the case but if there are certain things that you would like done in a certain manner you really have to clarify that in your will; Things such as who the guardian of your children will be, who the trustee of your children will be if you’re leaving some of their money in a trust. Who is the personal representative that you want to see carry out the process? If there are things that you would like handled in a specific manner those will need to be established in a will and/or a trust document.
You really don’t need to have a will but if you want to make sure that things happen in the way that you want them to happen then you do and this is what allows the probate process to work in the most optimal way.
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