Does Having a Will Avoid Probate?

Avoiding Probate
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MYTH: if you have a will, your estate will not go through probate.

Fact: A Last Will & Testament is not self-implementing , meaning it has no power in and of itself. A judge, through your county’s probate process, puts the terms of the wishes set out in the will into effect. Simply put: In Florida having a will alone does not avoid probate.

What is Probate?  Probate is the legal process for a judge to put the conditions of your will into effect. Those assets that are controlled by the will are typically assets that are in your own, individual name. For example, a home, a bank account, or investment accounts. 

When you pass away, there are certain legal steps that need to be taken in order to administer your final affairs. If you leave behind a properly executed will, one of these steps will be to have the terms of  the will enforced through the probate process.

Can I Avoid Probate with a Will?  Yes, there are ways we can help you avoid probate, even with a will-based estate plan. These include beneficiary-based accounts, revocable trusts, and transfer on death designations, to name a few.  

During our complimentary consultation, we will discuss ways that we can help create a comprehensive estate plan that prioritizes probate avoidance and gives you the peace of mind you deserve. 

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