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COVID-19 Update: We are working and here to help. The probate courts are open and we are continuing to file cases. Please email Attorney Nicole Morris at  if you have questions. Stay safe, we will get through this stronger together.

COVID-19 Update: We are working and here to help. The probate courts are open and we are continuing to file cases. Please email Attorney Nicole Morris at [email protected] if you have questions. Stay safe, we will get through this stronger together.

Should probate be feared?

On Behalf of | Jul 21, 2021 | blog, trust & probate administration

Florida families hear the term “probate” bandied about as though it were a a dirty word. Every lawyer tells you that you should do what you can to avoid ending up there. The question is why probate can be a difficult place for families.

Many things can go wrong in probate

If there is an issue with probate, it involves what can go wrong during the process. First, probate can take time. It is a slow business, and any mistakes could make things go even slower. Then, interested parties have the right to contest the will. At what is already a bad time for the family, these proceedings could make things more difficult. It’s even worse when someone dies intestate. In other words, they pass without leaving a will. In these circumstances, the probate court will decide how to divide the property.

What you do now can help later

Of course, probate can be avoided entirely if you have a trust that passes down the property. You could engage an experienced attorney to help guide you through this process. Not every estate will spark major battles and be bogged down for years. However, you never quite know what will happen in probate court until you get there. You can plan your estate in advance to help avoid some of these pitfalls. What you do now could save your family a great deal of bother down the line.

The best thing that you can do for your heirs is to see a trust and probate administration lawyer for advice about constructing a solid estate plan. This could give you and your family the peace of mind that comes from knowing you have the mechanisms in place for the future. Your attorney could offer suggestions about the plan and help you execute the paperwork.