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Daytona Beach Lawyers > Blog > Estate Planning > Common Misconceptions About Probate

Common Misconceptions About Probate


Many people have never been through the probate process before and so, they do not know what to expect. Nor do they understand the many laws that govern the process. It does not help that over the years, there have been many misconceptions regarding the process and many people believe these myths. Believing these myths is very risky, as it could mean your final wishes are not respected. To make sure that your loved ones are protected, our Daytona Beach probate lawyer outlines the most common misconceptions about the process, and the truth behind them.

A Will Can Help Your Loved Ones Avoid Probate 

Drafting a will is a very important and responsible thing to do. While a will has many purposes, this legal document is not enough to help your loved ones avoid probate. In fact, one of the first steps in the probate process is to prove, or validate, the will. Even though a will is subject to the probate process, it can make the process go by faster and can make it proceed more smoothly.

You Have Total Control Over Who Receives Your Property 

You have a great deal of control over who you want to leave property to after you pass away. This is one of the main purposes of drafting a will and other important estate planning documents. Still, there are many different laws that stipulate how your property is divided. For example, if you have a spouse and leave them less than 30 percent of your estate, they can claim an elective share, which will negate your wishes.

Wills are Not Important Due to Florida’s Intestate Succession Laws 

When a person passes away and they do not leave a will behind, their estate is distributed according to the intestate laws of the state. Many people think that because the law will govern how their property is divided, they do not need to draft a will. Unfortunately, the way the state divides your property may not align with your wishes. For this reason, it is critical that you draft a will, and perhaps other estate planning documents, so your wishes are fulfilled.

Probate Takes Many Years 

It is true that probate can be a time-consuming process. No one can determine exactly how long any one case will take, but it is rare for probate to take longer than one year. Additionally, probate often takes just a couple of months, particularly when an estate is not complex and does not involve substantial assets.

You Do Not Need an Estate Planning Lawyer in Daytona Beach 

Whether you are going through probate after a loved one’s passing, or you want to plan for your own future, it is important to speak to a Daytona Beach estate planning lawyer.  At Bundza & Rodriguez, our Daytona Beach estate planning lawyer can review the facts of your case and make the process as easy as possible for you and your family. Call us now at 386-252-5170 or chat with us online to schedule a consultation and to learn more about how we can help.



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