Probate

Probate court was originally created to ensure the directions of an individual's Last Will and Testament were carried out as stipulated, protecting the estate from unscrupulous individuals.

Today, it also rules on the validity of the Will, forces the reconciliation of assets and liabilities, satisfies creditor claims, clears and assigns the title of assets to the beneficiaries, and assesses whether federal or state taxes are due. If no Will has been created, the court ensures the decedent's assets are distributed to heirs according to state laws. If there are no apparent heirs, all assets are turned over to the state.

Failure to probate can leave the decedent's assets unmarketable and subject to automatic government liens. Members of the decedent's family could become responsible for estate taxes, claims against the estate, penalties and interest associated with the failure to satisfy probate requirements.

Probate is required in the state of domicile (the decedent's primary state of residence), as well as within any state where real property is owned by the decedent. Florida property held in out-of-state Wills must be probated in Florida, which requires probate and a probate attorney to assist with the administration of an estate.

Proper estate planning avoids many of the time-consuming processes of probate. Additionally, it creates opportunities for after-death planning, which are often wasted.

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