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Is probate a bad thing?

On Behalf of | Dec 12, 2019 | Probate | 0 comments

There are many opinions about the probate process. The one thing that is a fact is that it is the legal process by which the state of Florida carries out your last wishes and legally administers your estate. Beyond that, everything you hear is mainly just individual’s ideas of what the process is and is not. You should look at probate with fresh eyes to see what you think about it being good or bad.

The American Bar Association explains probate recognizes the legality of a will and gives power to the executor to carry out the directions in the will. It ensures that things progress as you wanted. Probate also allows the court to step in if there are objections or other issues. It also gives the state the chance to handle any assets or debts you did not account for in your estate plan.

Probate can take time, but it is not always time-consuming. If your estate is small enough, probate may not take any time at all. In fact, for most estates, the process will not take too much time. The only time when it may drag on is if there are problems, such as someone contesting your will. In that situation, there would be no way to prevent it from becoming a lengthy process.

You can avoid probate by including assets in your estate plan in a way that does not require probate. For example, any asset that transfers upon your death, such as your home to your spouse or a life insurance policy to a beneficiary, will not go through probate. It is possible to create your whole estate out of non-probate assets and avoid the process. This information is for education and is not legal advice.