Florida Probate

WHAT IS FLORIDA PROBATE? Florida Probate is a court-supervised process for determining what are the decedent's assets, paying taxes, claims and expenses and distributing the assets to beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes. If the decedent left a will it is known as a testate estate. Unless the testator was less than 18 years of age, lacked mental capacity to make the will at the time of execution, was unduly influenced regarding how they disposed of their property the will controls how the decedents property will be distributed subject to the legally enforceable debts, taxes, and expenses of the estate and the legal protections a surviving spouse has such as elective share, family allowance and homestead rights of a surviving spouse and children or a minor child.