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When a person dies intestate (without a will), a petition for administration of the estate is filed, and the probate court appoints a qualified person to serve as the "personal representative" to administer the estate. Preferences in appointment of the personal representative are governed by §733.301(1)(b), Fla.
If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies. If property, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or joint owners, probate is unnecessary.
Self-represented (pro se) litigants may file petitions or other pleadings or documents in person with the Clerk of Court, by mail, or electronically using the Florida E-Filing Portal. Contact the specific county's Clerk of Court for additional information. What are the different types of probate proceedings?
Usually, this will be supervised by the court via a process called probate. However, it is not always mandatory, depending upon what state the decedent resided in at the time of their death. Is probate required if the deceased left a Will in Florida? Simply put, the answer is generally yes.
What Assets Avoid Probate in Florida? Revocable Trusts. ... Designated Beneficiaries. ... Transfer on Death Accounts. ... Joint Retirement Accounts. ... Tenancy By Entireties. ... Florida Homestead. ... Furniture and Appliances. ... Vehicles.