When it comes to handling a loved one’s estate, one of the most common questions that arises is, “Does a will have to be probated?” The short answer is yes, in most cases. 

What Is Probate?

Probate is the legal process through which a deceased person’s will is validated by a court and their estate is distributed according to its terms. Until a will is probated, it essentially holds no legal power over the distribution of the deceased’s property. This means that beneficiaries named in the will cannot claim their legal or equitable rights to the assets outlined within it.

Why Is Probate Necessary?

The probate process ensures that the deceased’s wishes, as outlined in their will, are carried out properly. It also serves to confirm the authenticity of the will and resolve any disputes that may arise regarding its contents or the rightful heirs. Without probate, the legal title to the deceased’s property cannot be transferred to the beneficiaries, creating uncertainty and potential conflicts.

However, there is one notable exception: provisions in a will concerning the bequeathing of the deceased’s body—for example, directions for organ donation—become effective immediately upon death, without the need for probate.

What Happens If a Will Is Not Probated?

If a will is not admitted to probate, it essentially remains in a state of legal limbo. Beneficiaries cannot assert their rights to property, including real estate, under the will until the court validates it. The probate process is essential to activating the will and ensuring its provisions are legally enforceable.

Moreover, in cases where multiple wills exist, none of the documents can be acted upon until they have been probated. For example, a trial court cannot issue a partial summary judgment in a will contest involving two separate wills that have yet to undergo probate.

Ormond Beach Probate Lawyer

Florida Trust and Probate Litigation demands the expertise of a skilled advocate to aggressively represent your interests and safeguard your rights against unscrupulous family members and greedy parties. If you are a party to a Florida Will or Trust Contest, contact Ormond Beach probate lawyer Andrew J. Pascale at 877-667-1211 to enhance your legal standing. Please note that this blog does not constitute legal advice and serves illustrative purposes only.