Probate assets are specific assets subject to probate administration. These assets include properties solely owned by the deceased individual at the time of death, or those co-owned with others without automatic succession provisions. Examples include bank accounts, real estate, and certain insurance policies, among others.

Surviving spouses and children of the deceased may be entitled to receive probate assets, even if not explicitly provided for in the will. Florida law safeguards them from complete disinheritance through various mechanisms such as elective share, family allowance, and rights in exempt property. These rights, subject to legal nuances, underscore the importance of legal counsel in navigating probate proceedings.

A will is a legally binding document signed by the deceased and witnesses, meeting the criteria set forth by Florida law. It enables the deceased to designate beneficiaries for their probate assets and appoint a personal representative to oversee the estate. In cases where a valid will exists, it takes precedence over default provisions of Florida law in determining asset distribution and personal representative selection.

Probate-related documents, including the decedent’s will and other necessary paperwork, are typically submitted to the clerk of the circuit court in the county where the decedent resided at the time of death. These documents initiate the probate process and are kept on record by the clerk, ensuring a systematic administration of the decedent’s estate.

The personal representative, appointed by the judge, assumes responsibility for administering the decedent’s probate estate. In Florida, this term replaces traditional titles like executor or executrix. The personal representative's duties include asset identification, creditor notification, tax filings, payment of debts, asset distribution to beneficiaries, and overall estate management.

Usually there is various parties involved in probate, including the personal representative and legal professionals. They are entitled to reasonable compensation as determined by law. The personal representative's compensation is typically based on agreements, statutory calculations, or judicial rulings, while attorney fees are similarly determined.