When a Florida resident dies, some or all of his property is required to go through probate under the supervision of a Florida probate court. Probate is the process by which the assets of a decedent are collected, the debts and administration expenses are paid, and the balance is distributed to the beneficiaries. If the decedent had a will, the probate is conducted by the personal representative named in the will; otherwise, the probate court will appoint a personal representation based on statutory priorities.

The rules for probating a will in Florida are contained in the Florida Probate Code.http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Index&Title_Request=XLII#TitleXLII Because each state has its own probate law, the probate procedure may vary from state to state. Whether a probate is simple or complex depends on the nature of the property owned by the decedent, the value of the property, whether the estate is subject to the federal estate tax, and whether the estate is a party to any litigation. A probate is conducted by the personal representative, subject to the supervision of the probate court. Both the personal representative and the representative's attorney are entitled to reasonable compensation for their services to the estate.http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0733/SEC617.HTM&Title=->2009->Ch0733->Section%20617#0733.617

The first step in the probate process is to turn over the original will to the clerk of the circuit court in the county and state in which the decedent resided. If the will is self-proved, no further proof is required. Otherwise, the probate court requires a statement under oath by one of the witnesses or, if a witness if not available, the court will accept a statement under oath by the personal representative that the personal representative believes the document presented to be the trust last will of the decedent. Florida Statutes sec. 733.201 http:...1

If a will is offered for probate in Florida, and subsequently a later will is found before the administration of the estate is completed, the later will can be admitted to probate. No will or codicil can be admitted after the estate is completely administered and the personal representative discharged. Florida Statutes sec. 733.208 ref?http:...2

The probate of a small, uncomplicated estate normally takes between 6 months to a year. For taxable estates or estates involved in litigation, the probate process can take years. http://www.floridabar.org/TFB/TFBConsum....3

If a decedent owned property located in a state other than the state of residence, an ancillary administration may be required. An ancillary administration is a mini-probate proceeding within a domiciliary probate proceeding. An ancillary administration is opened by filing the will and appointment of a personal representitave. The personal representitave named in the will usually has priority to serve personal representative in the ancillary administration. The ancillary personal representative has authority ever the real property located in the ancillary state only. After publishing notice to creditors and paying claims presented, the ancillary personal representative transfers the property to the domiciliary representative to be distributed with the rest of the decedent's assets.