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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 (412) 231-9786, 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.


  • “Lisa herself is a very dedicated, hard working, professional and compassionate person. She is very driven to get the results you desire, but also listens to your needs and understands the difficult nature of the business.”

    - Pennie E.
  • “I've worked with this firm on more than one occasion and have nothing but HIGH PRAISE for their professionalism, expertise and knowledge.”

    - Rebecca H.
  • “I not only recommend attorney Melissa Lewis, but I guarantee once you have used her service you will look no further. She responds in an extreme timely matter, is very knowledgeable, and an extremely trustworthy person.”

    - Maurice B.

Lisa Marie Vari & Associates, P.C. Is the Right Choice for Your Family Matters

Learn more about our firm and why you should entrust our experienced legal team to handle your family law matters.

  • Strong Support
    A team of senior attorneys, junior associates, paralegals and law school clerks for full legal support throughout the process.
  • Complex Cases
    Experienced with high income, self employed professionals in complex support and equitable distribution cases.
  • Diverse
    Attorney Lisa Marie Vari is trained as a mediator and collaborative family lawyer.
  • Experienced
    More than 30 years of experience practicing family law in Pennsylvania.

Request a Consultation

We can further discuss the individual details of your case when you come in for your no-obligation consultation, which can be scheduled by calling our firm at (412) 231-9786 or via the quick contact form we have included at the bottom of this page.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.