Common Myths and Misconceptions About Florida Probate
Whether you’re inheriting property or managing the estate of a deceased loved one, the process of distributing assets after someone passes away is known as probate. This legal process varies by state and ensures that assets and wealth go to the proper beneficiaries. However, many people have misconceptions about Florida probate and what it involves.
Keep in mind, the information on this page is meant to answer general questions—it’s not a substitute for legal advice. If you need help with estate planning or probate, contact Cipparone & Cipparone for a free consultation.
What Is Probate in Florida?
Probate is the legal process of proving and validating a will. During this process, the court confirms the will’s authenticity and appoints a personal representative. This individual manages the estate and distributes assets according to the will’s instructions.
If no will exists, Florida law distributes the estate based on its intestacy statutes. In these cases, assets pass to surviving heirs as determined by law—not necessarily as the deceased may have intended.
🔗 Learn more about trust and estate administration
Why Is Probate in Florida Often Complicated?
Florida’s probate system can be complex because it aims to protect both creditors and beneficiaries. Many steps exist to ensure creditors have the chance to be paid and that heirs can appear in probate court, if necessary.
Probate is unfamiliar to most people. If you’re managing an estate for the first time, the process can feel overwhelming. Misunderstandings are common. Below, we clarify some of the most frequent myths about Florida probate.
Top 4 Myths About Florida Probate
1. A Will Lets You Avoid Probate
False. Having a last will and testament doesn’t mean you can skip probate. Instead, the will acts as a roadmap that names your personal representative and guides how assets should be handled.
Still, you can avoid probate in Florida by creating a living trust. Assets must be retitled into the trust or held in accounts with beneficiary designations pointing to the trust. If you’re considering this route, talk to an experienced estate planning attorney.
🔗 Benefits of working with an estate attorney
2. No Will Means the Government Gets Everything
False. If someone dies without a will, the estate enters intestacy. Although that’s not ideal, state law still ensures the assets go to heirs—not the government. However, without a will, assets may go to someone the deceased wouldn’t have chosen.
3. Probate Takes Years in Florida
Not necessarily. While some people fear that probate drags on for years, that’s not always true. With good estate planning and help from an estate attorney, the process can take just a few months—especially if there are no disputes or complications.
4. Your Debts Die With You
False. In most cases, debts survive the individual. During probate, the estate must pay off any outstanding debts before any remaining assets can be passed on to heirs.
Need Help Navigating Florida Probate?
If you’re dealing with Florida probate, don’t navigate it alone. Our experienced attorneys at Cipparone & Cipparone can guide you through the process with clarity and confidence. We’ll help protect your loved one’s legacy—and your peace of mind.
**This blog is for general informational purposes only. Cipparone & Cipparone, P.A. does not distribute legal advice through this blog. As such, this blog does not constitute legal or other professional advice, and no attorney-client relationship is created between the reader and Cipparone & Cipparone, P.A.
Tags: Estate planning, ProbateCategorized in: Estate Planning