MIL died VERY simple estate. NO property, car, investments, retirement accts. $38,000. in Bank Acct. Does Will have to be probated? Jacksonville, FL

If the bank account is solely in the deceased person's name, and there is no payable on death designation for the bank account, then it will be necessary to probate the estate.  When the total value of all of the assets subject to probate is less than $75,000, there is a simple form of probate that is allowed by the Florida Probate Code, which is called "summary probate." A summary probate can be completed within a short period of time.  If there is a last will and testament, the terms of the will dictate where the funds in the bank account are to be distributed.  If there is no last will, then the distribution of the funds in the bank account will be determined by Florida's intestacy statute which is Section 732.101 through Section 732.111, Florida Statutes. Generally speaking, it is necessary to have a Florida probate lawyer handle a probate matter.  The person who is seeking the order from the probate court to turn over the funds in the bank account, must state, under oath, that all of the decedent's creditors have been paid. I suggest that you consult a probate lawyer in your local community to assist you with this matter.