While Florida probate is both expensive and time-consuming, it is truly easy to avoid in most cases.
Yet many people fail to take any of the steps necessary to avoid probate in Florida.
Apart from that, the Florida probate records are records of the public court that everybody can access, and you can go down to the nearest county court to glance at the probate record.
There are so many stories that probate proceedings are lengthy, costly, and frustrating, leaving many people to take whatever measures are required to avoid probate in Florida. Whenever possible there are good reasons to avoid probate which will be discussed in this article.
For expert advice on avoiding probate, you can always consult with our Probate Attorneys at the Finity Law Firm.
How does Probate work in Florida?
Based on the size of the estate, probate can take as much time as two years anywhere from a few months. Beneficiaries who would need their inheritance often do not have access to funds or assets until the probate is complete.
Creditors are allowed to claim the estate during the probate period which is one of the factors that contributes to it taking so long.
Can a Will avoid Probate?
There is a common misconception that a Will can avoid probate which is completely wrong.
A will does not avoid Probate.
The truth is that a Will sets out the wishes of the deceased, such as the appointment of beneficiaries and the Personal Representative to monitor the estate.
Essentially, the Will serves as the “roadmap” that the probate court will execute.
Remember that a Will is not self-implementing – it is the power given by the probate court that puts into effect the wishes set out in the Will. So in Florida having a Will does not necessarily avoid probate.
An estate plan customized to your specific requirements is the best way to secure your holdings and provide for members of your family. Contact the Finity Law Firm today to speak to a member of our legal team about your estate plan for the future and to avoid probate.
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