COMMON QUESTIONS ABOUT PROBATE

Probate is a legal process that occurs after someone dies, in which their assets are distributed according to their will or state law. Probate can be time-consuming and expensive, and it can also be a public process that exposes your assets and beneficiaries to scrutiny. By creating an estate plan that avoids probate, you can help ensure that your assets are distributed quickly, efficiently, and privately.

When someone dies with a valid Last Will and Testament their estate is testate and the Will controls how that person's probatable assets are distributed.  When someone dies without a Last Will and Testament their estate is intestate and that person's probatable assets will be distributed in accordance with the provisions of Florida law.

Florida does not have a state level inheritance or estate tax.  If you are a Florida resident when you die your family will NOT have to pay a Florida inheritance or estate tax.  The Federal estate tax or inheritance tax only applies to an individual's estate that exceed $13.99 million in value (2025).