In the state of Florida, does having a will negate the necessity of probate?
4 Answers from Attorneys
Certainly not. A will only defines the nature of probate if there is estate property
which must be distributed, estate debts, etc.
No. The will goes to court probate so the assets are distributed and creditors paid.
No. Having a will means the estate is testate and informs the court how the decedent wanted his estate to be distributed. A will must be filed with the court upon the death of the maker and then the probate is filed. The court will direct how the estate will be divided.
No. A Will is a set of instructions for a probate proceeding. Not a substitute for it.
If you are looking to avoid probate, then look to the type of ownership on the asset, or possibly a Revocable Living Trust.
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