Frequently Asked Questions

"Probating a will" means taking the legal steps necessary to assure a will is valid and to admit the will to probate.

There is no fee. To deposit a will means to place it with the Clerk for safekeeping.

No, it may not.

The law requires the original to be placed on deposit. The Clerk can make a certified copy of the will for a fee, which, for all legal purposes, takes the place of the original.

"Estate" refers to all property of a deceased person subject to a probate action.

"Probating an estate" is a legal process which determines the value of a deceased person's property and its distribution to heirs pursuant to Florida law.

Proceedings take place in the Circuit Court of the county where the decedent was domiciled or owned property.

Probate provides a method of converting assets to cash to be distributed to beneficiaries, or to pay creditors/taxes. Also, probate legally transfers ownership of real property. Probate determines who is entitled to share in the estate and to distribute the property to the proper parties.

Without a will, the deceased's property is distributed in accordance with Florida law.