When is Probate Necessary?

At The Law Office of Silverman, Mack & Associates, we often answer questions regarding whether it is necessary for an estate to go through the probate process in Florida. In almost all situations where a deceased person individually owned assets in Florida, the estate will need to go through the probate administration process.

When Someone Dies With Or Without A Will

Even if the person died with a will, the estate will potentially still need to be probated. The last will and testament will be used to dictate the distribution of assets, but the asset titles will still need to be transferred to the appropriate beneficiaries through probate administration. If your loved one died without a will, the estate will be distributed according to Florida law.

To find out how the law applies to your unique situation, contact a Florida probate attorney at The Law Office of Silverman, Mack & Associates.

Only very small estates that do not include real property may bypass the probate administration process under certain circumstances. This option is referred to as disposition without administration. Other estates may qualify for abbreviated forms of the probate process such as summary administration and admitting the foreign will to record, which require a knowledgeable lawyer.