What is probate, and when does it occur?

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Understanding Probate: When and Why It Occurs in Florida


Probate is a legal process that occurs after an individual passes away. It involves the distribution of the deceased person’s assets and settling their debts. While probate can seem complex, it is essential in ensuring a fair and orderly transfer of assets. In this guide, we’ll delve into what probate is, when and why it occurs, and how Morgan Legal Group in Miami can assist you through the process.

What Is Probate?

Probate is the legal process through which a deceased person’s assets and debts are managed and distributed. It involves several key steps, including:

1. Identifying and Valuing Assets

The first step in probate is to identify and value the deceased person’s assets. This includes properties, investments, bank accounts, personal belongings, and more.

2. Settling Debts

During probate, the deceased person’s outstanding debts, including mortgages, loans, and credit card balances, are settled using their assets. Creditors are notified, and their claims are reviewed.

3. Distributing Assets

Once debts are settled, the remaining assets are distributed according to the deceased person’s will or, if there’s no will, according to state laws.

When Does Probate Occur?

Probate occurs under the following circumstances:

1. When There’s a Will

If the deceased person left a valid will, probate is typically required to ensure the proper distribution of assets as outlined in the will.

2. When There’s No Will

When there is no will (intestate), probate is still necessary to determine how the assets should be distributed. State laws dictate the distribution in such cases.

3. When There Are Disputes

Probate may also occur if there are disputes or challenges to the validity of the will or concerns about the executor’s actions.

Why Does Probate Occur?

Probate serves several essential purposes:

1. Legal Transfer of Assets

It provides a legally recognized process for the transfer of assets from the deceased person to their beneficiaries or heirs.

2. Debt Settlement

Probate ensures that the deceased person’s debts are appropriately settled, preventing creditors from pursuing beneficiaries for repayment.

3. Asset Protection

It offers a level of protection for the deceased person’s assets, ensuring they are not misappropriated or mishandled.


Probate is a necessary legal process that occurs when an individual passes away. It involves managing and distributing assets, settling debts, and ensuring a fair transfer of wealth. While probate can seem daunting, it plays a crucial role in protecting the interests of all parties involved.

At Morgan Legal Group in Miami, we understand the complexities of probate and are here to assist you in navigating the process with care and expertise. Contact us today for guidance and support with estate administration and probate matters.

The post What is probate, and when does it occur? appeared first on morganlegalfl.com.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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