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

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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.

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