Probate is a court-supervised proceeding that authenticates your Last Will and Testament (if you have one) and appoints your designated personal representative, also known as an executor, so that he or she can act on your behalf and distribute your assets.  During the probate process, all of your assets must be located and assessed for their total value.  Once that process is complete taxes, debts, and costs of administration will be paid, and the remainder will be distributed to your designated beneficiaries.

In cases where there is no will, this process becomes a bit more complicated as there is no document stating your final wishes and it is left up to the court to make decisions for you in accordance with Florida Law.  Your assets may be inherited by someone you never intended to provide for which in turn may cause family conflict and long legal battles.

Probate can be greatly simplified, or even completely avoided, when you have a solid estate plan in place.  One way to ease the burden on your loved ones is by creating a trust.  Any assets placed in your trust will bypass probate.   If you are the Trustee of an established trust, your duties can be extremely complex.  A trust administration lawyer can help ensure you understand, and abide by, the laws governing trusts and Trustees.  Typically, the funds available in the trust will cover the costs of attorney fees, making it affordable for you to consult with an experienced attorney.