Q

Should I Avoid Probate with a Living Trust?

A

Many people choose to avoid the expensive and time-consuming process of probate by using a living trust. A trust can state who receives your property after death and how it should be managed. However, not all property may be transferred to a trust and the probate process will only be completely avoided by using a trust if you own no property at all at the time of your death.

Q

What Is Probate?

A

Probate is the legal process that wraps up a person’s financial affairs after he or she dies.

Q

What If There Is No Last Will & Testament?

A

If you do not have a last will and testament, the state’s intestate succession laws will apply. A loved one will likely need to open a probate case. After the payment of debts, the remainder of your probate estate will be distributed according to the rules of intestate success.

Q

Do I Need to Come to Court in Florida for Probate?

A

Not necessarily. If you are not the personal representative and are simply inheriting property, you likely will not need to go to court in Florida. Additionally, Florida offers alternatives to formal probate for estates with a smaller value.

Q

How Much Does Probate Cost?

A

The cost of probate will largely depend on the size of the probate estate and its complexity. Florida has statutory fees that are presumptively considered reasonable, which include: