Logo

Does a Will Avoid Probate in Florida?

You might be surprised to learn that a will does not automatically avoid probate in Florida. A will is often one of the primary reasons an estate goes through probate. There are, however, some steps you can take to help avoid probate or make the process go more smoothly.

One option is to create a revocable living trust. With this type of trust, you can transfer ownership of your assets to the trust while you're still alive. The benefit is that when you die, your assets will not have to go through probate because the trust will already own them.

Another way to avoid probate is to designate beneficiaries for your assets. For example, if you have a life insurance policy, you can name a specific person as the beneficiary. When you die, the death benefit will be paid directly to that person without going through probate.

You can also avoid probate by giving away assets during your lifetime. For example, if you have a piece of property you want to leave to someone, you can sign the deed to them while you're still alive.

It is important to keep in mind that each option has advantages and disadvantages, so it's important to discuss your specific situation with an experienced attorney before making any decisions.

  • Published: Oct 28, 2022
  • Updated: Dec 8, 2023

Read more FAQ...

What Strategies Exist for Avoiding Probate?

View

What Questions Should Be Asked When Hiring an Estate Planning Attorney?

View

What Is the Purpose of a Healthcare Proxy?

View

What Is the Definition of a Beneficiary Trust?

View
Disclaimer section
This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

Our Practice Areas

Our talented and experienced attorneys and team members come from diverse backgrounds, but we share a common belief in doing right by those that entrust us with their legal matters. At Easler Law, we bring real-world experience to the table, we will critically think for you, we will do the work right, and we will never make excuses.

Search among the most frequently asked questions

Learn More About Our Legal Services

Benifical Ownership Report

Under the Corporate Transparency Act (CTA), businesses must report ownership info to combat financial crimes or face penalties.

Learn More