Though there are many misconceptions about estate planning, one of the more common ones is that having a will excludes you from going through probate. To get ahead and in front of the issue, you still have to go through probate when there is a will and no living trust.
Some are firmly against probate simply because they have been told to avoid it. Make the educated choice by first understanding what probate is and then have a discussion with your attorney. At that time, you will have a firm grasp as to whether probate fits your needs.
Wills & Florida
Wills are not recorded in Florida, so there are no public records after they are created. Even if you are a beneficiary, you may not know that you are until the probate process begins.
To be valid, wills must be written statements made by competent adults. A will can be changed at any time by you before passing. You can amend it or you can outright revoke it entirely.
Probate
Probate is a process in which a court distributes your assets to beneficiaries either according to your will or via state law if no will is in place. If you have written a will, then the court verifies that it is valid. There is also a process for people who wish to challenge or contest the will.
The point of the probate—even if you have a legal and valid will—is to oversee that it is executed and to ensure that any debts left behind by the deceased are handled. Usually, any debt or remaining expenses are paid with the deceased’s assets before they get distributed if there are funds available in the estate.
Should I Avoid Probate?
This is a personal question that you should discuss with an estate planning attorney. Some people may choose to create wills because they want the oversight of probate. Other people want to avoid probate solely because of how public the process is.
Ultimately, you and your estate planning attorney will choose the best path for you and your family. In addition, there are pros and cons to wills as there are with living trusts. The benefits of each may be worth pursuing regardless of whether they pass through probate.
C. Alvarez Law
C. Alvarez Law is proud to offer our clients resolutions to some of the most challenging conflicts in their lives. If you have further questions regarding probate, contact us to schedule your consultation. We have an established history assisting our clients with and through the probate process.
C. Alvarez Law
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