Probate is the legal term for an estate administration where someone dies owning assets. If all the decedent’s assets are jointly held or have designated beneficiaries, then a Probate proceeding is not necessary. If all the decedent’s assets are titled in the name of a Trust, the Trust will need to be administered. Wills, and persons dying without Wills owning assets in their name alone, require an estate proceeding to have creditors paid and the estate distributed to the beneficiaries. If there is not a Will, the estate is distributed to beneficiaries designated under Florida Statutes to receive the decedent's assets after creditors are paid. The State of Florida does not take your assets if you die without a Will. Wills do not have to be Probated if there are no assets in the decedent’s name alone.