Determining where and how your assets (and debts) pass at death can be a complicated process. Under Florida law, if you are a resident of Florida at the time of your death, you will likely need to file probate in Florida. The term “estate” refers to anything you owned (and owed) at the time of your death. Those assets are part of your estate, and will pass through Probate, whether or not you have a Will. If you have a Trust, the assets in the Trust pass outside of the probate process. If you do not have a will, you are intestate, and the assets of your estate pass as a matter of law.
-Emily Helmick, Esq.