Does a will avoid probate?

A will does not avoid probate.

Attorney Tom Olsen: Dave, you're on News 96.5 Go ahead.

Dave: Yes. Just a quick question. If a will has been structured where it doesn't have to go through probate, does that will have to be filed with the state?

Attorney Tom Olsen: Well, I want to be clear with you, Dave. First of all, a will- having a will has nothing to do with avoiding probate. A will simply directs what happens to your assets when they go through probate. Let's say, Dave, that you came and saw me and Chrissy and we told you all the steps necessary to avoid probate because me and Chrissy we're all about helping people to avoid probate. Even if there's no probate required, the Florida Law still requires that when somebody passes away, whoever has possession of their original will must file it with the probate court within 10 days of death.

By the way, Chrissy and I we're doing estate planning for people, our goal is to make things simple, easy, inexpensive for your children when you pass away. You do a little bit of homework, we do some work for you. We're going to get that goal accomplished so that when we do estate planning for you and we help you avoid probate. Generally we're doing wills, living wills, healthcare surrogates, financial power of attorneys, and giving you all the steps, easy steps to avoid probate. We do offer a free initial consult to talk to you about that. Call either Chrissy or me at the Olsen Law Group in Orlando next week, and we'll been happy to offer you that free initial consult to get your estate planning done. Call the Olsen Law Group at 407-423-5561 or email us through our website lawtube.com, like YouTube, but lawtube.com