Are all decedent’s assets subject to Probate?
No, only assets that were solely in the decedents name at their death would be subjected to Florida Probate. Assets that were jointly held, transferable/payable on death, or have right of survivorship are not subjected to the Probate proceedings. 14. Who receives the property that was left in decedent’s name if there is no Will? If there was no will, then the Florida Probate laws of intestacy will determine who will receive the assets of the estate. There are many factors that determine who will take under the Florida intestate statutes which include, if the decedent was survived by: a spouse, divorced, minor children, adult children, deceased children with surviving offspring, type of asset, if there is real property involved and if it was homestead property, etc. 15. Who is involved in the Probate process? Nearly all Probates will involve the people below. Depending on the issues there could be more people involved. -Attorney for the Personal Representative -Personal Representative –
