Why is Probate Needed?

In order to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries, probate is necessary. When the decedent leaves a valid will, it will be ineffective to pass ownership of probate assets to the decedent’s beneficiaries until the will is admitted for probate in the court. Probate is still necessary to pass the decedent’s probate assets to those persons who are to receive them under Florida law if the decedent has no will.

Probate is necessary so that the decedent’s financial affairs can be taken care of and closed. Any lawful debt is paid through the estate. Administration of the decedent’s estate ensures that the decedent’s creditors are paid if procedures are correctly followed.