Asked in Estate Planning, Probate and Real Estate Law for Florida

Q: I am an only child. Florida, executor of parents estate. Zero debt, they willed everything to me. Probate?

, I am an only child, I live in the state of Florida so do my parents. They own two homes, two cars, boats, bank accounts, IRA, many things. They have zero debt, and they have willed everything to me in a legal will. I have no brothers or sisters there are no step parents involved. Will this go through probate or will everything just passed to me? I am the only child and everything is left to me in the will, there is zero debt no money owed on anything.

3 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Estate Planning Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Whether an estate will go to probate depends upon many factors. One of the main reasons for probate is how title is held to an asset.

If your parents have not passed yet then they can potentially make adjustments to their estate plan so as to avoid probate when they do pass.

I really can't answer more without more information.

Mr. Long H. Duong
Mr. Long H. Duong
Answered
  • Estate Planning Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: I agree with the previous answer - more info is needed.

Bear in mind that the existence of a Will does not avoid probate.

Feel free to check out this FAQ for more info: https://www.weprobateflorida.com/florida-probate-frequently-asked-questions/

John Richert agrees with this answer

John Richert
PREMIUM
John Richert
Answered
  • Estate Planning Lawyer
  • Clearwater, FL
  • Licensed in Florida

A: A will does not automatically transfer everything to you. For assets like the homes, cars, boat, bank accounts, and investment accounts that are titled only in your parents' names, you will need to file for probate in order to have the assets legally transferred to you. There are some ways to avoid probate with titled assets, such as a trust or designated beneficiaries, but you will need to talk to an attorney in order to see if anything can avoid probate.

I would recommend consulting with a probate attorney to see what needs to happen with your parents' assets.

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