![]() There are two types of probate administration in Florida, formal administration and summary administration. Whether a decedent died with or without a will, the court’s priority is to ensure that the correct beneficiaries/heirs are identified to receive property. In legal terms, “ beneficiaries” are people named in a will, and “ heirs” are the next of kin who receive property in the absence of a will. The probate judge can only transfer property according to the will after the estate is opened in court. ![]() When someone dies with a will, a probate judge must “admit the will” to probate by finding that the will is valid, as described in section 5 of this guide. ![]() Probate is needed even when a decedent has a valid will. If a person did not have a will, their estate will be divided among their next of kin (the intestate heirs) as described in section 6 of this guide. If a decedent had a valid will, that document directs who will be in charge of the probate process and who will receive the decedent’s assets upon their death. In probate, the person who died is referred to as the “ decedent.” Anything that the decedent owned when they died is collectively referred to as the “ estate.” An estate can contain bank accounts, real estate, vehicles, guns, tools, jewelry, or any other item owned at the time of death. When someone dies in Florida the things they own go to their family or, if they have a will, to the beneficiaries named in that document. Probate, also called “estate administration,” is a court process that transfers assets owned by a deceased person to living people.
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