Many Florida residents make “avoiding probate” a top priority in their estate planning—but is it always necessary?
Probate is the court-supervised process of distributing a deceased person’s assets. In Florida, this process can be public, time-consuming, and costly. However, depending on your assets and family situation, avoiding probate might not be essential—or might be critical.
Why People Want to Avoid Probate
- Privacy concerns: Probate is a public record.
- Time delays: Probate in Florida can take months—or even years.
- Costs: Legal fees and court costs can reduce the estate value.
- Out-of-state property: Triggers additional probate in those states.
Ways to Avoid Probate in Florida
- Revocable living trust: A trust holds your assets and allows them to pass without court involvement.
- Lady Bird deed: Transfers real estate automatically at death.
- Beneficiary designations: For life insurance, retirement accounts, and payable-on-death (POD) bank accounts.
- Joint ownership with rights of survivorship
Should You Avoid Probate?
It depends on your situation. Probate can be smooth in simple estates—but if you want privacy, control, or have complex assets, planning to avoid probate may be wise.
Bart Scovill, PLC can help you evaluate the best strategies for your estate. Contact us at 941-365-2253 or visit Scovills.com to schedule a consultation. https://scovills.com/?p=2374
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