PROBATE
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What is Probate?

Understanding the Process, Pros & Cons, and How to Avoid It

When a loved one passes away, their assets don’t automatically transfer to their heirs. In many cases, they must go through probate—the court-supervised legal process of settling an estate, paying debts, and distributing assets according to a will (or Florida law if there is no will).

At Medina Law Firm, we help families navigate probate efficiently and, whenever possible, help them avoid it altogether through smart estate planning.

How Does Probate Work in Florida?

Probate can vary depending on the estate’s size and complexity, but in general, the process involves the following steps:

Filing the Will (If One Exists)

The court reviews the will and appoints a personal representative (executor).

Identifying Assets & Debts

The personal representative locates and values the deceased’s assets while notifying creditors.

Paying Debts & Taxes

The estate settles any outstanding debts, taxes, or claims against it.

Distributing Remaining Assets

Once debts are paid, remaining assets are distributed to beneficiaries as outlined in the will (or by Florida’s intestacy laws if there is no will).

Closing the Estate

The court approves final accounting, and the estate is officially closed.

The Good

Advantages of Probate

1 Court Supervision Ensures Fairness - The court oversees the process, ensuring debts are paid and assets are distributed correctly.
2 Resolves Disputes & Challenges - If there are disagreements over the will or estate, probate provides a legal forum to settle them.
3 Allows Creditors to Make Claims - This can help protect heirs from unexpected future claims against the estate.

The Bad

Disadvantages of Probate

1 Time-Consuming - Probate in Florida can take 6 months to 2+ years, delaying asset distribution.
2 Expensive - Court fees, attorney costs, and executor fees can reduce the estate’s value, leaving less for heirs.
3 Public Record - Probate filings are public, meaning anyone can access details about the estate and its beneficiaries.
4 Lack of Privacy & Control - The court controls how and when assets are distributed, which may not align with the deceased’s wishes.

How to Avoid Probate (or Make It Easier)

The good news? Probate is often avoidable with the right estate planning strategies:

Revocable Living Trusts

Assets placed in a trust pass directly to beneficiaries without court involvement.

>> Find out more about Living Trusts

Joint Ownership

Property owned jointly (with rights of survivorship) bypasses probate. There are some risks, however, which is why we prefer a Revocable Living Trust.

Beneficiary Designations

Life insurance, retirement accounts, and bank accounts with named beneficiaries avoid probate.

Small Estate Procedures

Florida offers simplified probate for estates under a certain value.

Let’s Make the Process Easier for You

Whether you need help handling probate for a loved one or want to protect your family from probate through estate planning, Medina Law Firm, LLC is here to guide you. Let’s discuss your options.

Schedule a FREE Consultation

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