Does Having a Will Avoid Probate?

Avoiding Probate

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. 

Request A Consultation

We are here to help.
Contact me today to schedule a consultation.

The owner of this website has made a commitment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.