You’ve probably heard the word “probate” used with dread. But what is it exactly—and do you really need to worry about it?
Let me explain what Florida probate is, and how you can avoid it with a little smart planning.
Probate, Defined
Probate is the legal process of:
- Validating a will (if there is one)
- Identifying and valuing assets
- Paying debts and taxes
- Distributing assets to heirs
It’s supervised by a judge and can take months to over a year, depending on complexity.
What Assets Go Through Probate?
- Solely owned bank accounts
- Property titled only in your name
- Personal belongings
What doesn’t go through probate?
- Joint accounts with rights of survivorship
- Payable-on-death (POD) accounts
- Assets in a trust
How to Avoid Probate in Florida
- Create a Revocable Living Trust and transfer major assets into it
- Use joint ownership or beneficiary designations where appropriate
- Keep your estate plan updated as life changes
Do You Always Need to Avoid Probate?
Not necessarily. Probate can be straightforward with a good attorney. But avoiding it can save time, stress, and money for your loved ones.