What Is Probate—and Can It Be Avoided?

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.

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Guardianship for the Elderly: What You Need to Know to Protect Your Loved Ones

Estate Planning for Young Families: Why You Shouldn’t Wait

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