Probate is the court-supervised process of authenticating a deceased person’s will, identifying their assets, paying debts and taxes, and distributing what remains to rightful beneficiaries. Think of it as the legal roadmap that ensures a person’s final wishes are honored and their affairs are properly settled.

When someone dies without a valid will, the process is called intestate administration. In these cases, the final distribution of assets follows state laws rather than the deceased person’s wishes.

Probate serves several important functions:

• It validates the deceased person’s will (if one exists)
• It provides a framework for paying creditors
• It creates a clear process for transferring property titles
• It resolves disputes about asset distribution

Not all assets go through probate. Assets with designated beneficiaries (such as life insurance policies), jointly owned property with rights of survivorship, and assets held in trusts typically pass directly to beneficiaries without requiring court involvement.

Florida recognizes different types of probate administration, primarily:

• Formal Administration: The standard, more comprehensive process
• Summary Administration: A simplified process available for estates valued under $75,000 or when the deceased has been gone for more than two years
• Disposition Without Administration: A procedure to reimburse payments for last expenses and transfer cars and household items.

How to Avoid Probate (When Possible)

Many people ask me how they can spare their loved ones the time and expense of probate. While probate is sometimes necessary, several strategies can help minimize or even bypass the process entirely. 

Revocable Living Trusts

A revocable living trust is perhaps the most comprehensive probate-avoidance tool. Assets properly transferred to the trust during your lifetime slip seamlessly to your beneficiaries upon your death, without court involvement.

The trust works because you transfer the legal title of assets to the trust while maintaining control as the trustee. Upon your death, your successor trustee distributes assets according to your instructions without court oversight.

Florida law provides strong protection for trust-based estate plans when properly executed.

“I never understood the value of a trust until I saw two siblings go through probate at the same time,” a client once told me. “My brother had a trust, and his kids received their inheritance within weeks. My process took nearly a year.”

Enhanced Life Estate Deeds (Lady Bird Deeds)

Florida is one of the few states that recognizes enhanced life estate deeds, commonly called “Lady Bird Deeds.” These allow you to:

• Retain full ownership rights during your lifetime
• Designate who receives the property after your death
• Avoid probate for that specific real estate
• Maintain eligibility for homestead tax exemptions

Unlike regular life estate deeds, you maintain the right to sell, mortgage, or otherwise use the property without permission from the remainder beneficiaries.

Payable-on-Death and Transfer-on-Death Designations

For financial accounts, simply adding beneficiary designations creates a straightforward, no-cost method for avoiding probate. Florida recognizes:

• Payable-on-Death (POD) designations for bank accounts
• Transfer-on-Death (TOD) registrations for investment accounts and securities
• Beneficiary designations on retirement accounts and life insurance policies

When you pass away, the named beneficiaries need only present your death certificate and identification to claim these assets.

Joint Ownership

Assets held jointly with rights of survivorship automatically pass to the surviving owner(s) when one owner dies. Florida spouses often hold property as “tenants by the entirety,” which provides this benefit, as well as additional creditor protection, during their lifetimes.

Be cautious, though. Adding someone to your deed or account gives them immediate ownership interest, which could create unintended consequences during your lifetime.

Need Florida Probate Guidance?

Whether you’re currently dealing with probate or planning ahead to minimize its impact on your loved ones, we’re here to help guide you through the process. Simply request a consultation or call our office at (941) 441-9193 to get started. 

If you’re facing probate now, gather important documents (death certificate, will, asset information) before consulting with an attorney. Being organized from the start makes the process smoother for everyone.

If you’re planning ahead, consider which probate-avoidance strategies might work best for your situation. Even if avoiding probate isn’t a priority, a comprehensive estate plan can save your family significant time, money, and stress.