Although there is no guarantee that your relatives will be able to avoid Florida probate when you pass away, proper estate planning, including the use of trusts, a will, powers of attorney, designation of Health Care Surrogate documents, and more, is the only way to avoid Florida probate, and even then it is in rare instances.
The number of types of trusts alone can be overwhelming, which is why it is imperative to have an attorney assist you in the drafting of the will and the construction of the rest of your Estate Plan.
When a trust is properly drafted, the assets in the trust may not be subject to the probate process, and may not be subject to taxation in the same way as assets of the Estate that were not placed in a trust.
Estate planning involves many complicated issues, not just handing out assets and debts of the estate. There are complicated tax matters and other legal issues involved, which is one reason the personal representative of an estate is required by the laws of Florida to hire an attorney to represent him.
If it is the law to hire an attorney after the fact to represent your family in the probate process, then wouldn’t it make the most sense to hire an attorney to represent you in your Estate Planning?