Legal Question in Wills and Trusts in Florida

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

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

4 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

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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Answered on 4/09/12, 10:36 am
David Slater David P. Slater, Esq.

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

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Answered on 4/09/12, 10:41 am
Scott R. Jay Law Offices of 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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Answered on 4/09/12, 10:44 am

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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Answered on 4/09/12, 11:51 am

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