Legal Question in Wills and Trusts in Florida
Can a small estate be probated if the person died without a will and there is a dispute as to inheritance of any part of that estate?
4 Answers from Attorneys
A will is not needed for there to be a probate. However, in this instance you are indicating a dispute has arisen as to the division of the estate, so you will need an attorney to explain what your options are and help you through the process.
Yes, probate laws govern how estates are to be administered with (testate) and without a will (intestate). If there is specific property in dispute and the parties cannot reach agreement, then the court can order that the property be sold and split accordingly, assuming the parties have a legal interest (right) in the property.
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