Why Do I Need Probate If I Have A Will?

Posted by Overstreet Law | May 07, 2019 | 0 Comments

Why Do I Need Probate If I Have A Will | Florida Probate Attorney

Many people plan their estate succession by creating a Last Will and Testament that specifies how they want their assets distributed after they die. Unfortunately, it's a common misconception that creating a Will takes care of everything and avoids the requirement for the estate to go through the Florida probate process. While certain assets don't require probate, others do, and if the heirs are not aware of this, they may be in for a surprise. Making effective plans for your estate in advance can spare your family a lot of stress and potential expense later.

What A Will Does

A Last Will and Testament is a legal document that, among other things, names the parties you wish to distribute your assets to after your death. In most cases, the Will also names a personal representative who will oversee the estate until the terms of the Will are satisfied and all other legal requirements for settling the estate are met.

What Assets Can Transfer Without Florida Probate?

In general terms, assets that have a named beneficiary or a pay-upon-death designation, like life insurance or bank account, won't require probate process. Assets jointly owned with right of survivorship can also be transferred or liquidated without probate. Determining which assets can be transferred without going through the probate process can depend largely on the way the asset is titled and any applicable laws governing the specific asset type, e.g. retirement accounts.

What Happens In Probate Court?

The Florida probate process, in short, has the court overseeing the verification and distribution of estate assets. The Will, if there is one, is legally validated; heirs and creditors are identified and located; debts are paid, and remaining assets are liquidated or distributed to the beneficiaries, either according to the terms of the Will, or according to Florida law pertaining to intestate succession.

Estate Planning To Avoid Complications

Creating a valid Will is an essential part of ensuring your assets are distributed to the intended heirs. Some don't make it as far as leaving a Will, and when they die intestate, the legal process of determining their heirs becomes more complicated. Others attempt to create a D.I.Y. Will which may later be found invalid by the Florida probate court. Working with an experienced estate planning attorney now can help lighten the load for your heirs after you're gone.

Florida Probate & Estate Planning Attorneys Can Help

The Probate, Wills, Trust, and Estate attorneys at Overstreet Law, P.A. are here to help you create or review your will, and make sound decisions regarding estate planning. Setting up a legally valid will and estate can help your heirs through the difficult time after you pass, and gives you the assurance that your assets will be distributed as you intend. Call or contact us online for a confidential consultation and learn more about protecting your estate assets and your heirs from unnecessary complications and expenses. Effective estate planning today helps your family's future and removes a significant set of worries from the picture.

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