Following the passing of a loved one, the last thing a grieving family wants to deal with is a lengthy, costly court process. In Florida, probate is the legal procedure through which an estate is distributed. While it’s meant to help ensure fairness, probate can drag on for longer than a family anticipated.
Fortunately, there are legal tools and strategies that allow individuals to avoid probate altogether—or at least minimize its impact. Comprehending the upside of avoiding probate is essential for a smooth estate transition.
Create a revocable living trust
Individuals can avoid probate when they transfer ownership of their assets into the trust because this creates distance between them and what they own. The trust won’t go through probate during asset distribution because the assets were separated from their main estate. The contributor to the trust retains control of the trust and can modify it at any time while they’re living.
Use beneficiary designations
Some financial accounts that allow individuals to name beneficiaries include:
- Life insurance
- Retirement accounts (like IRAs or 401(k)s)
- Payable-on-death (POD) bank accounts
When the time is right, these assets pass directly to the named individuals, bypassing probate entirely. Updating these designations from time to time is crucial to help ensure the right beneficiaries receive the inheritance.
Joint ownership with rights of survivorship
In the Sunshine State, owning property jointly with someone else—such as a spouse—can help avoid probate. When one spouse passes away, the surviving spouse assumes ownership of the entire estate without court involvement. Couples can use this strategy to safeguard real estate and bank accounts and help ensure probate avoidance.
Use a Lady Bird Deed (enhanced life estate deed)
The Sunshine State uniquely recognizes Lady Bird Deeds, which allow homeowners to retain full control of their property during their lifetime. Following the passing of the homeowner, the designated beneficiary assumes ownership of the real estate—no probate required. This unique approach works well for individuals who want to avoid probate but keep control over their real estate.
Effective estate planning in Florida doesn’t have to be so challenging if individuals take proactive steps. Working with an experienced legal team allows individuals to create a customized plan that secures their legacy and brings peace of mind to their families.
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