Probate is the judicial supervision of distributing someone’s assets once they are deceased. A common misconception in Florida is that a will avoids probate. Whether or not you have a will, you still have to go through probate once you’ve passed away. A trust is the only document that can avoid probate. The difference between having a will in probate and not having a will is, a will you will determine who receives your assets, and if you do not have a will, the statutes will determine who receives your assets following your death.