For those who are concerned about what they may leave behind for loved ones after they are gone, the topic of probate can be both uncomfortable and confusing. The greater the wealth, the greater the potential for complications.
However, for many Floridians, probate does not need to be an emotionally draining or confusing experience. Unfortunately, several myths about Florida probate continue to cause unnecessary confusion. Depending on the assets involved, some families may not need probate at all.
At The Law Offices of Matthew J. Jowanna, P.A., our team focuses on simplifying estate planning and probate matters for clients across Florida. We evaluate your unique circumstances and help you explore options that may even bypass probate entirely.
Still, probate is not as intimidating as many people believe. Let us clear up some of the most common misconceptions.
Myth – Having a Will Keeps Things Out of Probate
It is difficult to say where this myth began, but many people believe that the primary reason for creating a will is to avoid probate. In reality, having a will does not determine whether probate is necessary. Instead, the need for probate depends on the type and value of assets a person owns at death.
A will simply tells the probate court how those assets should be distributed. Without one, Florida law dictates distribution through a statute that may not reflect your wishes. So, in short, someone with a will often still needs probate, and someone without a will may or may not.
Myth – Everyone Has to Go to Probate Court
The Florida Probate Code allows certain estates to bypass full probate. If someone dies with less than $10,000 in assets, a Small Estate Affidavit may be sufficient.
This document lists assets, heirs, and other required details. It enables an heir to collect and distribute assets without going to court, although there is no court oversight in this process.
If a person dies with less than $75,000 in assets, a simplified process known as Summary Administration may be available. These streamlined procedures save time and money, though certain assets, such as real estate, still require probate court involvement.
Myth – You Should Always Try to Avoid Probate
Many people believe probate is something to fear and avoid at all cost. In truth, probate is often a straightforward process when managed with skilled legal guidance. A Florida probate lawyer can help reduce stress, prevent mistakes, and keep the process moving smoothly.
Additionally, not all assets are part of the probate estate. Examples include:
- Assets held in trusts
- Life insurance and retirement accounts with a beneficiary designation
- Property held in joint tenancy, such as joint bank accounts or real estate
- Accounts payable on death
Proper planning can minimize what goes through probate, while still making sure your wishes are honored.
Proper Planning and Support for a Smooth Probate Process
Probate does not have to be overwhelming when you understand how it works and what myths to ignore. With the right planning and support, it can be a manageable process that protects your family’s interests.
At The Law Offices of Matthew J. Jowanna, P.A., we bring more than 30 years of experience to estate planning and probate cases. Our reputation for integrity and results makes us a trusted choice for families throughout Florida. If you need guidance with probate or want to plan ahead, contact us today for clear answers and dependable legal support.