If There Is A Will is Probate Required in North Carolina? - Florida
The Short Answer
In Florida, having a valid will does not automatically avoid probate. If the will is being used to transfer or prove rights to the decedent’s property, it generally must be admitted to probate before it is legally effective for that purpose.
What Florida Law Says
Florida law treats probate as the court process that gives a will legal effect for estate administration and property transfers. Even when everyone agrees on what the will says, the will typically must be admitted to probate before it can be relied on to establish ownership or the right to possess estate assets, and before a court can formally interpret the will’s terms.
The Statute
The primary law governing this issue is Fla. Stat. § 733.103.
This statute establishes that until a will is admitted to probate (in Florida or in the state where the decedent was domiciled), the will is ineffective to prove title to, or the right to possession of, the decedent’s property.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Probate timing can affect whether the will can be used to transfer assets and whether disputes arise before the estate is administered.
- Burden of Proof: Even with a will, the court may require legally sufficient proof of execution (for example, whether it is self-proved or requires witness testimony). See generally Fla. Stat. § 733.201.
- Exceptions: Some assets may pass outside probate (such as certain beneficiary-designated accounts), while other assets may require probate to clear title—misclassifying assets can create delays and liability.
Trying to handle this alone can lead to avoidable disputes, rejected filings, or problems transferring property—especially when real estate, blended families, creditor issues, or out-of-state documents are involved.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.