What Will Happen If You Don’t File Probate In Florida?

Right after an individual passes away, their will must go through the probate process. By doing so, the assets outlined within that will can be managed, and distributed, in a manner that aligns with the deceased’s wishes.

A variety of different estate planning arrangements can, and do, bypass probate. But, if an individual doesn’t use these arrangements, and instead relies on a traditional will, their estate must go through probate.

Going over what will happen if you don’t file probate in Florida, and speaking with a lawyer, will ensure that your assets go to the people whom you would like to receive them.

What Will Happen If You Don’t File Probate In Florida? 

A variety of things will happen if you don’t file probate in Florida. Some of the most notable things that will occur are as follows:

• Your will cannot take effect, preventing its wishes from being enacted.
• Your assets will not go to the people you would like them to go to, as your will cannot take effect.
• Your assets cannot be distributed in the manner that you would like, since they cannot be distributed.
• Your remaining debts will not be taken care of, as there is no legal mechanism for that to occur.
• Your will shall be subjected to the intestate succession laws, as opposed to your wishes.

Outside of the above, a wide variety of other, equally notable, consequences can arise if you don’t file probate in Florida.

The best way to avoid these consequences is to file probate in Florida, when you can. But, if you would prefer to bypass probate entirely, you can employ different estate planning arrangements.

How Can You Bypass Probate? 

The best way to bypass probate is to develop an estate planning arrangement that allows you to do so. And, with that in mind, one of the very best of these arrangements is a living trust.

A living trust can contain any assets you wish to put in it. Just as an example, if you want to put your bank account, house, car, and computer into a living trust, you can do so.

Right after an individual passes away, their trustee will be able to distribute the assets within the living trust, thereby ensuring that they go to the right people in the right manner.

Due to bypassing probate, a living trust allows one’s beneficiaries to receive their assets far more quickly, and far less expensively, than a traditional will.

Even though a living trust is not for everyone – some estates might be better off without it, although this isn’t often the case – it does bypass probate and, in the long run, make it easier for one’s beneficiaries to receive their assets.

Speak With A Florida Estate Planning Lawyer Today 

If you would like to bypass probate in the state of Florida, then you must develop an effective estate plan that allows you to achieve your estate planning goals.

Speak with a Florida estate planning lawyer at the Millhorn Elder Law Planning Group today and we will help you develop an estate plan that aligns with your goals and wishes.

Sources: 

help.flcourts.gov/Other-Resources/Probate

law.cornell.edu/wex/living_trust