Florida Living Wills

The Florida Probate Process

In order for your wishes to be properly executed when you pass away, your estate must go through probate. This is a court process which is necessary to pass ownership of a decedent’s property to the decedent’s beneficiaries. If a decedent has a Will that states, for example, that his daughter is to receive specific real property, the Will alone will not pass ownership of the property to his daughter upon the decedent’s death. A probate court must validate the Will and legally confirm and transfer ownership of the real property to his daughter.

If a decedent does not have a Will, the Florida probate process works to distribute the property according to the Florida Statutes. Under Florida probate law, property is passed per stripes. The best way to understand what this means is by example. Assume you have three children named Adam, Betty and Charles. Adam has two children named David and Emily. When the state has to determine how to distribute your property, depending on which of your descendants is living at the time you pass away, each member of the closest generation receives a share of your estate. So, if your children Adam, Betty and Charles are alive at the time of your death, each of them will receive one-third of your estate; David and Emily will receive nothing. However, if Adam passes away before you do, when you pass away and your estate is distributed, Betty and Charles will each receive a one-third share and the remaining one-third share that would have been given to Adam will pass to his children, David and Emily, equally (1/3 divided by 2 would be 1/6 to each David and Emily).

Contact a Miami Will & Trust Lawyer at Vari Law

Confused? Don’t be! The first step to making sure your estate is distributed according to your wishes is to understand the Florida probate process. Our Miami probate lawyers will assist you in protecting your assets. Contact our team at 305-222-7351, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County will. Our Miami will & trust lawyers accept family law cases in Miami-Dade County, Broward County and Monroe County.

Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Ocean Drive in Miami Beach, Miracle Mile in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.