Florida  |  Wills and Trusts

Legal Question

Asked on: 4/09/12, 10:09 am

In the state of Florida, does having a will negate the necessity of probate?

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Answered on: 4/09/12, 10:36 am by Sanford M. Martin

Certainly not. A will only defines the nature of probate if there is estate property

which must be distributed, estate debts, etc.


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Sanford M. Martin, P.A. P.O. Box 110554 Naples, FL 34108-0110

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Answered on: 4/09/12, 10:41 am by David Slater

No. The will goes to court probate so the assets are distributed and creditors paid.


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David P. Slater, Esq. 5154 Windsor Parke Dr. Boca Raton, FL 33496

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Answered on: 4/09/12, 10:44 am by Scott R. Jay

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.


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Law Offices of Scott R. Jay 1575 Northeast 205th Street Miami, FL 33179-2133

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Answered on: 4/09/12, 11:51 am by Richard Kaplan

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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