Can I Avoid Probate By Executing A Will In Lee County, Florida? ( Probate, Will, Trust, Decedent, Real Estate, Attorney, Lawyer, Cape Coral, Fort Myers, Bonita, Lee, Collier, Florida )
There is a belief among the general public that having a properly executed Last Will and Testament will alleviate the necessity of probate for distribution of assets at death; this is unfortunately not true. A will dictates who receives the testator’s assets at death and who will administer the estate; however having a will does not avoid the necessity of probate. The amount of assets in the decedent’s name at death typically dictates whether or not probate of the estate is required. Another factor is whether the decedent’s only asset is his protected homestead; if so, this asset may be transferred to a surviving spouse or heirs outside of probate.
A common way to avoid probate is by titling assets in joint tenancy (which pass to the surviving owner) and creating accounts with a direct beneficiary (payable directly to beneficiary on death with production of a death certificate). Placing all assets in a trust in another method for avoiding probate. That said, a will remains an important and necessary part of future planning in addition to these documents that every person should have: (1) Living Will and (2) Durable Power of Attorney.
