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What is Probate?
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Trust, Probate, and Guardianship litigation in Clearwater and St. Petersburg Florida
Trust, Probate, and Guardianship litigation in Clearwater and St. Petersburg Florida

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What is Probate?'s posts

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Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. In general, the decedent’s assets are used first to pay the cost of the probate proceeding, then are used to pay the decedent’s outstanding debts, and the remainder is distributed to the decedent’s beneficiaries.

There are two types of probate administration under Florida law: formal administration and summary administration.

There is also a non-court supervised administration proceeding called "Disposition of Personal Property Without Administration." This type of administration only applies in limited circumstances.

The information above is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

The 3 minute video below, courtesy of Baskin Fleece, briefly describes the differences between Probate and a Trust.
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