THE HIDDEN CRISIS: Why 67% of Americans Leave Their Families in Legal Limbo

A staggering 67% of Americans die without a will or estate plan, leaving their assets tied up in court, subject to state intestacy laws, and often creating unintended financial and emotional burdens for their loved ones. Adding to this challenge, probate—the legal process of administering an estate—can take six months to two years and cost 3% to 7% of the estate’s value in legal and administrative fees. The result? Delays, expenses, public records, and potential family disputes that could have been avoided with proper planning.

WHAT IS PROBATE?

Probate is the legal process of validating a will and distributing an

individual’s assets after death. It involves several steps:

1. Filing the will with the probate court (if one exists)
2. Identifying and inventorying the deceased’s assets
3. Paying debts and taxes owed by the estate
4. Distributing the remaining assets to beneficiaries

While probate provides oversight, it can present significant challenges

without advance planning.

THE DOWNSIDES OF PROBATE

• Time-Consuming
  Probate can take months—or even years—depending on the complexity of the estate and potential disputes. Meanwhile, loved ones may be left waiting for access to crucial funds.
• Expensive
  In Florida, probate costs often range between 3% to 7% of the estate’s value, sometimes totaling $3,000 to $10,000 or more. These expenses can drastically reduce the inheritance intended for loved ones.
• Public Process
  Probate proceedings are public record. Information about assets and beneficiaries becomes available to anyone—sometimes leading to unwanted attention or challenges.
• Potential Family Disputes
  Probate can stir up disagreements among heirs, especially if the estate plan is unclear or outdated. Contested wills can extend the legal process and heighten emotional stress.

CAN PROBATE BE AVOIDED?

In many cases, yes—through smart, customized planning. Common tools may include:

• Revocable Living Trusts – Avoid court delays and maintain privacy.
• Beneficiary Designations – Direct certain assets straight to heirs.
• Joint Ownership – Some property may pass automatically to a spouse.
• Lady Bird Deeds – Special deeds that can transfer real estate outside probate.

Important: Every family's situation is unique, and even these strategies may not fully protect your assets without professional guidance.

PROTECT YOUR LEGACY—THE RIGHT WAY

While it's tempting to think you can "set and forget" your estate planning with a few documents, lasting protection requires a customized plan. At Ledbetter Cowan Law Group, we specialize in helping families build smart, secure plans to protect what matters most. Whether you're just starting or updating an outdated plan, our experienced attorneys can guide you every step of the way.

Don't leave your family's future to chance.