Probate and Guardianship

Probate and Guardianship

In Florida, there are several major functions that come under the jurisdiction of the probate court for resolution: Probate of a Will; Guardianship for Minors; and Guardianships for Adults.


Probate is the court process that makes certain a decedent’s assets are identified and located, and then distributed according to the wishes of the deceased. It can be a formal or informal process, depending on the nature and amount of the assets left by the deceased.

Guardianships for Minors

If parents die, or are incapacitated and unable to make decisions for their children, the court will appoint a guardian who can do this for them. In addition, if a child receives an inheritance or proceeds from a lawsuit, the court may appoint a guardian to be in charge of managing the funds.

Guardianships for Adults

When an adult becomes incapacitated and unable to make decisions for themselves, the probate court may give the right to make those decisions to someone else. Authority may be given to the guardian to make all the decisions for a person, including financial and health decisions, or the guardian may be given limited authority.

When a guardian is appointed, either for a minor or an adult, the court continues to exercise oversight over the guardian to be sure that appropriate decisions are being made in the best interest of the person who is the subject of the guardianship.

Contact me at Gort Law for any of your issues that fall under the auspices of the probate court. My office is in Jupiter, Florida, and I serve those in Martin, Palm Beach, and St. Lucie Counties.