Probate is a mandatory public court-supervised procedure for validating wills, paying debts and expenses of your estate, resolving any challenges with the will, and distributing property. Probate can be costly, cause delay for heirs, and force asset distribution to be conducted in the public eye. Contrary to popular belief, all wills pass through probate court prior to property being distributed to family members. People who die “intestate” (without a will) also cause their heirs to go through the probate process. The difference between probate with and without a will is that without a will, Florida Statutes determine who becomes the rightful owner of your property when you die. The only way to determine who receives your property when you die is to create an estate plan.

Areas We Practice

  • Wills
  • Trusts
  • Trust Administration
  • Summary Administration
  • Formal Probate Administration
  • Powers of Attorney
  • Living Will
  • Healthcare Surrogate
  • Unplanned Estates

Florida Probate Law

When someone dies, his or her heirs receive property and assets as set forth in the estate plan and will, following the legal, mandatory probate hearing of the will. If a decedent does not have a will or estate plan, property and assets are distributed according to the laws of the State of Florida, not according to what may or may not have been the decedent’s wishes. Florida law demands all of the financial affairs of the decedent be settled and creditors paid.

If you don’t want the court to determine where your money and property will be distributed, it is vital you contact The Faulkner Firm, P.A., an estate planning law firm in Oldsmar, Florida.

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4056 Tampa Road
Oldsmar, FL 34677


(727) 939-4900

Office Hours

(Monday – Thursday)
08:30 AM – 05:00 PM
08:30 AM – 03:00 PM

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