Legal Question in Wills and Trusts in Florida

The probate court will order the house distributed according to your father's will. Without the will, the probate court will order the house to be distributed under Florida intestate law.

A will does not prevent Probate. It provides the roadmap of the deceased's intentions for the court and personal representative to follow. If the ONLY asset your father had was the home, or the value of the remaining assets is below $75,000.00 then a Summary Administration may be available, which is a simplified form of Probate. If the value of the assets are greater than $75K, or if the will directs it, then a Formal Administration will be required.

You, or who ever is designated as the Personal Representative in the will, should contact a Probate attorney t review their options and proceed with the filing.

My colleagues are correct. If you are located in my area, give me a call.

A Will does not avoid probate. It only directs where the property is to go upon the person's death. The attorney who drafted the Will should have advised your father of this.

As far as distribution goes, it depends upon whether the property is homestead, and if there is a surviving spouse and/or minor children of the decedent. A probate proceeding is needed, but if the property is homestead a special procedure will have to be completed to declare the ownership.

A probate attorney will be needed in this situation. If I can be of help, let me know.