In Florida, there are three ways to settle a probate estate and time is of the essence. Florida law requires that anyone who has possession of a will must file it with the local circuit court within ten days of learning of the death of the person who is the subject of the will, formally known as the decedent. If a probate court proceeding is necessary, the court will determine whether or not the will is valid.

Assets Not Subject to Probate

Certain assets of the decedent may be devised to the stated beneficiary without approval of the probate court. The most common types of such property include: Property held in joint tenancy by more than one person, such as real property owned jointly or a joint bank account; assets for which the decedent selected a beneficiary, such as a life insurance policy; or, assets held in a living trust. There are two types of probate administration for those assets that are subject to probate.