Legal Question in Elder Law in Florida

Re: Will and probate

Having or not having a will has no bearing on whether assets go through probate. It depends on how the assets are titled. If the asset is held jointly with a right of survivorship, or if there is a listed beneficiary on the asset, they avoid probate.

Re: Will and probate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If your assets are jointly titled, then ownership remains in the surviving joint tenant upon the death of the other. If both joint tenants should pass away, then the estate would have to be probated. The value of the assets has no bearing on whether or not a probate will have to be filed.

Scott R. Jay, Esq.