Legal Question in Wills and Trusts in Florida

Probate occurs when someone dies, and their assets do not know who becomes the owner of them. Therefore, if the asset only has the decedents name on it, it goes to probate. If the asset is jointly owned, the asset goes to the joint surviving owner, and does not go to probate.

So assuming the surviving spouse owns the house and property solely in her own name, they have to go to probate to change the title to the children. Otherwise they won't get control of the asset.