Do wills need to go through Probate in Florida?

[LaceGrace3]

What is the name of your state? Florida

Do wills need to go through Probate in Florida?

 

[adjusterjack]

Depends. Sometimes yes, sometimes no.

Could you provide details as to why you are asking and what the person's estate consists of.

 

[Litigator22]

What is the name of your state? Florida

Do wills need to go through Probate in Florida?

Your question is a bit puzzling. If you're asking if a testator's estate can be distributed through prescribed probate processes without the will being formally submitted/filed for probate, the answer is no.

If you want to know if the distribution of the assets of the testator's estate must comply with wishes of the testator as expressed in the will, the answer is a qualified no. Qualified meaning that it is not uncommon for the court to approve and order distribution of a decedent's estate differently when done in accordance with the mutual agreement of the heirs.

 

[Taxing Matters]

What is the name of your state? Florida

Do wills need to go through Probate in Florida?

While the will is required to be submitted to the probate court, the process for the estate will depend on the total value of the estate assets. Florida decedent estates with assets less than $75,000 may use the summary estate administration process, which is less complicated and takes less time than full formal probate takes. Whether through summary administration or formal probate, the will gets filed with the court and the executor is required to follow the provisions of the will unless the law does not allow for a particular action to be taken or a court approves a different distribution scheme (most commonly done when all the beneficiaries/heirs agree to the change or because the change will provide the estate more favorable tax treatment, thus leaving more for the beneficiaries to receive at the end of the probate process.

Even with summary administration the executor will probably want to have a probate attorney on board to ask for answers to things the executor is unclear about and for representing the estate in court, should that be necessary. But be careful about the fee structure for the attorney. Under some fee agreements it wouldn't take a whole of the attorney's time to take a nice chunk out of the estate for his/her fee. Florida statutes may provide rules that limit what the attorney may take. You'll want to be informed of what those limits are and what the customary fees are in the county of probate.