A court case (probate) must determine who is entitled to the property. The judge will determine the legal beneficiaries – which may include a surviving spouse, children, or parents.
Probate is handled in different ways, depending on the value of the assets. If the value of the deceased’s property – other than the home – are worth less than $75,000, probate may be handled through a summary administration. This is a simpler process than full probate.
If there is a will, the court will determine its validity and distribute the property. If the owner died without a will, it is called dying “intestate.” Florida law governs who may inherit the property.