Legal Question in Wills and Trusts in Florida
probate
My father died and left a will leaving everything to my mother. She filed the will with the courthouse. Does she have to go through Probate? What is probate and what qualifies you to have to go through it. thank you
2 Answers from Attorneys
Re: probate
I am sorry for your loss.
Probate serves two main purposes: to give notice to and pay off any creditors and to distribute the estate appropriately. If the estate is over a certain amount and there are creditors, you must start formal administration. They should be able to tell your mother at the courthouse whether she needs to go through probate or not.
Re: probate
It involves the legal transfer of assets from the estate of the deceased to the will beneficiary and payment of any debts. If all of the property is transferred without the estate (Joint tenants, life insurance)no probate is necssary since the estate has no assets.
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