Is a Florida Probate required if the decedent had a living trust?
Most people do not transfer all of their assets into a Florida Revocable Trust prior to their death. If their home, or other personal property was not transferred into the trust prior to their death, a Florida Probate may still be required to properly dispose of the remaining assets. Often bank accounts, IRA’s, land, business interests, or other assets are not transferred property.
The probate will typically take the remaining assets and follow the instructions of the Florida Will to distribute them. If the will directs the assets to a trust it is called a Pour-over will.
What happens if the Florida Will directs the assets to a non-existent trust. Unless the Florida Will contemplates this, the assets will be transferred by the residuary clause in the will or in the case that this does not exist, they will transfer under the Florida intestate statutes or as if there was no will.