A Will is a written document, signed by the maker and witnesses that meets the requirements of Florida law. In his or her will, the client may choose how they want their remains to be treated; the client can name the beneficiaries whom the client wants to receive their probate assets.
Often times I am asked “What is Probate?” I find that most people have a desire to avoid probate without understanding the process. What constitutes an asset subject to probate can get complicated as the best solution to requires an in-depth discussion and understanding of your estate and your estate planning objectives. Of course, there are rules that must be followed in order to effectuate your plan. My objective is to advise you of your estate planning options and work with you to decide the best option.
The person who makes the Will chooses how to dispose of their property after their death. The client designates a personal representative; however, not all people will qualify as a Personal Representative. A personal Representative is the person who will administer the probate estate. If the client’s will disposes of all of their probate assets and designates a personal representative, the will controls over the default provisions of Florida law. If the client did not have a valid will, or if the will fails in some respect, the identities of the persons who will receive the decedent’s probate assets, and who will be selected as the personal representative of the decedent’s probate estate, will be as provided by Florida law.