I already have a will, so my family doesn’t need to go through Probate. Is that right?

last will

Posted: April 10, 2019

One common misunderstanding many of our clients have is the belief that having a Last Will and Testament avoids the probate process.  The reality is that your Will is a probate document.

Your Will has be admitted to the probate court after you pass away.  Florida law regulates the way Wills are executed.

The probate process can be an expensive, lengthy process which processes through the Circuit Court in the county where you lived (or where you owned property, if you don’t live in Florida).  The probate process is public record and all documents can be requested by interested parties.  Probate court may delay the transfer of assets to your beneficiaries for many weeks or months by freezing bank accounts or restricting the sale of real estate.

Additionally, family members may cause problems and longer delays when arguing over the probate process.  This happens more often than we would like to believe.

Proper estate planning can provide a manner to ensure your assets pass to your loved ones in the manner you decide without the need to go through probate.  Our attorneys are experienced advisors on methods to avoid probate.  Contact us today to schedule a time to discuss your situation.

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