Frequently Asked Questions

Do You Have Questions About Estate Planning or Probate?

Estate Planning FAQs

Creating an estate plan is not always a straightforward process. Even for a simple estate, there are many steps necessary before you have a legally sound plan drafted. At Peter J. Snyder, P.A., attorney Peter J. Snyder understands this firsthand. He has helped many people throughout Florida create tailored estate plans. This page will address some of the most common questions that his clients have asked about the estate planning process.

  • WHAT IS AN ESTATE PLAN?

    An estate plan is a set of legal documents that lets your loved ones and the state know how to handle your affairs if you pass away or become incapacitated.

  • WHAT DOCUMENTS SHOULD AN ESTATE PLAN HAVE?

    There are a few critical components of every estate plan. These include:

    • A last will and testament
    • A power of attorney
    • Advance medical directives
    • Trusts

    That said, every estate is different. The documents that you include in your estate plan may vary.

  • DO I REALLY NEED A WILL? WHAT HAPPENS IF I DIE WITHOUT ONE?

    Every adult should have a last will and testament. It ensures that your assets go to the people you choose. If you pass away without a will, then your estate will go through probate and the court will distribute your assets – and they may not go to the beneficiaries you would have chosen.

  • CAN I MAKE MY OWN ESTATE PLAN?

    There are many websites that offer do-it-yourself wills for free or for a small fee. However, the court does not always uphold these documents in court. It is worth the effort to work with an attorney who can draft legally sound estate planning documents.

Probate FAQs

No one looks forward to probating an estate. Probate is an often complex, time-consuming and expensive legal process. At Peter J. Snyder, P.A., attorney Peter J. Snyder helps people throughout Florida navigate probate law and find solutions to their legal needs. He understands that you probably have many questions about what to expect from probate. This page will take the time to answer some of these questions.

  • WHAT IS PROBATE?

    Probate is a legal process in which the court administers a deceased person’s estate. Generally, probate involves determining the validity of a will. If a will does not exist, then the court distributes the decedent’s estate according to state guidelines.

  • HOW LONG DOES PROBATE TAKE?

    This depends on the complexity of the estate. Simple estates take less time to pass through probate than complex ones. If an interested party contests an aspect of the estate, this will extend the duration of probate as well. There is no way to determine how long probate will take unless you speak with a probate attorney.

  • IS IT POSSIBLE TO AVOID PROBATE?

    In many circumstances, yes. While alive, you can create a last will and testament and a living trust. These tools can help your loved ones avoid probate and can minimize the impact of taxes on your estate.

  • DO I NEED A PROBATE ATTORNEY?

    It is possible to administer an estate without a probate lawyer, but this is not always wise. Hiring an attorney can save you time, money, and effort. Your attorney can help you file paperwork, contact beneficiaries, communicate with creditors, attend court hearings and handle many other matters.