The probate process in Florida is very similar to most other states. If a person passes away with a will or they pass away intestate, an estate is opened up in probate court. What goes on in probate court is, typically, a personal representative is appointed. It will be appointed based upon who you name in your will. If not, the court will appoint one based upon essentially a tree of your closest living relatives. If you have a spouse, your spouse will usually be named. If your spouse has predeceased you, it will be one of your children. If they’re not there, it will then go to one of your siblings. The probate court determines who the heirs are in the estate, who will be receiving your assets.
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