Can Probate Be Avoided in Florida?

After a loved one dies, you’ll likely be grieving. You’ll have a lot going on, especially if there is probate involved. Probate is a court-supervised process for identifying and gathering the assets of a deceased person. A personal representative will be responsible for paying the person’s debts from the deceased members assets and distributing the remaining assets to beneficiaries. Probate is not a particularly fun process, so many people try to do what they can to avoid it.

The good news is that probate can be avoided in Florida if properly planned. However, you will have to have some sort of vehicle in place, so it will take pre-planning. There are various strategies you can use to arrange your assets in ways that they automatically transfer to beneficiaries upon death, bypassing the probate court.

Do keep in mind that having a will does not allow you to avoid probate. A will sets out the wishes of the deceased and serves as the roadmap that the probate court will execute. It is not

Self-implementing, so the only power it has is what is given by the probate court, so it requires probate to be valid.

However, there are some other methods you can take.

Revocable Living Trust

Placing assets into a living trust can avoid probate because the trust owns the assets. Any assets you own, such as real estate, bank accounts, cars, and personal items, can be put into a living trust. These assets can then be transferred to beneficiaries without court involvement.

Joint Ownership

Assets owned jointly with the right of survivorship automatically transfer to the surviving co-owner without going through probate. This applies to real estate and joint bank accounts.

Beneficiary Designations

Many assets, like life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts, can transfer directly to a designated beneficiary without probate.

Lady Bird Deed

Also known as an enhanced life estate deed, this allows the property owner to retain control of the property during their lifetime, and upon death, the property passes to the designated beneficiary without probate. Florida is one of only a few states to allow Lady Bird deeds. They are very tricky to use, as specific language is required to make them valid.

Which Option is Right for Me?

There is no clear-cut answer to this question, as each person’s estate is different. Everyone has different assets. Some have very little, while others have multi-million-dollar estates. You want to make sure your goals are met while ensuring Florida law is being followed. Because of this, it is important to consult with an estate planning attorney to ensure the best strategy for your situation.

Contact Our West Palm Beach Probate Attorney Today

Do you want your family to avoid probate when you die? There are some ways to go about it.

Discuss your situation with a West Palm Beach probate attorney Brian K. McMahon, P.A. We will assess your assets and help you find the right solution to fit your needs. Fill out the online form or call (561) 658-1789 to schedule a consultation. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.