What is estate planning, and why is it important?

Estate planning involves creating legal documents such as wills, trusts, powers of attorney, and healthcare directives to manage your assets and care decisions. It’s important because it ensures your wishes are honored and your family is protected after your passing.

What does a probate attorney do?

A probate attorney helps guide families through the probate process, which includes validating wills, settling debts, paying taxes, and distributing assets. They ensure probate administration is handled correctly and efficiently under Florida law.

When is probate required in Florida?

Probate is typically required when a deceased person owned assets solely in their name without designated beneficiaries, and the estate exceeds Florida’s small estate threshold. Some small or non-taxable estates may qualify for simplified probate or avoid probate altogether.

How long does the probate process take?

Probate in Florida usually takes between 6 to 12 months but can vary based on estate complexity, tax issues, and creditor claims.

What is the difference between a will and a trust?

A will specifies how your assets should be distributed after death and must go through probate. A trust can help avoid probate by transferring assets directly to beneficiaries according to your instructions.

How can I avoid probate?

You can avoid probate by using estate planning tools such as revocable living trusts, joint ownership with rights of survivorship, beneficiary designations on accounts, and payable-on-death arrangements.

What are taxable and non-taxable estates?

Taxable estates exceed federal or state estate tax exemption limits and may owe estate taxes. Non-taxable estates fall below these thresholds and typically have simpler probate administration.

Do I need an estate planning lawyer in Florida?

While you can create some documents yourself, an estate planning lawyer ensures your plan is legally sound, customized to your situation, and compliant with Florida laws.

What happens if someone dies without a will in Florida?

If there’s no will (intestate), Florida’s intestacy laws determine how assets are distributed, often causing delays and potential family disputes. Probate administration is required to settle the estate.

How much does probate cost in Florida?

Probate costs vary depending on the estate’s size and complexity but can include court fees, attorney fees, and other administrative expenses. Proper estate planning can help minimize these costs.

Have more questions? Book a call with an expert estate planning attorney at Kristen Weiss Legal today!