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If there is property to be administered or taxes to be paid, or both, the existence of a will does not increase probate expenses. Does a will increase probate expenses? No. A will does not, however, transfer the title to real property. The will generally recommends a personal representative to administer the estate. What is a will? A will is a document which, among other things, indicates how a person wants his or her property to be distributed after death. The Clerk’s Office is prohibited from giving legal advice. Pursuant to 5.030 Probate Rules of Court, every guardian and every personal representative, unless personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida. Florida law provides for all aspects of the probate process, but allows the decedent to make certain decisions by leaving a valid will. Probate is not needed if all assets were jointly held and one of the joint holders is the survivor. 733.101) When is a probate needed? Probate is necessary when a court order is required to transfer or distribute the assets of the estate. Where is the proper place to probate an estate? The venue of Probate of all wills and granting letters shall be in the state where the decedent was domiciled. The Court oversees the estate to make sure debts are paid and proper distribution is made.
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