Does a Last Will and Testament avoid probate?

No, having a Last Will and Testament in Florida does not entirely avoid probate but it can streamline the process. When an individual passes away with a valid Last Will and Testament, the document provides guidance on how their assets should be distributed. However, the Last Will and Testament must go through the probate court to be legally recognized and executed. Probate is still necessary to validate the will, appoint the personal representative named in the document, and oversee the distribution of assets according to the decedent’s wishes. While having a Last Will and Testament can simplify the probate process by providing clear instructions, it does not eliminate the need for court involvement. Certain assets may be subject to probate, while others, like those held in a Revocable Living Trust might bypass probate proceedings.