Legal Question in Wills and Trusts in Florida
I have prepared a document in simple form that explains my wishes and desires at the time of my death. Could this document be adaquate to avoid probate?
The document has been witnessed and notarized.
2 Answers from Attorneys
No. Whether the document qualifies as a will or not, your property is subject to the probate process. Intestate estates (without a will) or testate estates (with a will) are resolved through probate. Only by using a trust is it possible to avoid probate, and then only if you fully fund the trust with your assets which can be a complicated or time consuming process if you plan on doing it without legal advice.
Wills do not avoid probate. They are only effective if they go through probate. Title to assets determines whether they go through probate.
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