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Is probate required for all Florida estates?

Probate is not always required in Florida when a person dies. There are several situations where the deceased's assets can pass without probate. It is important to remember that probate can be compiled and and an experienced attorney can help you determine if you need to probate an estate.

So when is probate not required in Florida?

  • Assets with beneficiary or pay-on death designations. For example, a life insurance policy or an IRA with a named beneficiary.

  • Assets titled jointly. For example, you hold a deed with joint rights of survivorship, or a lady bird deed.

  • Life insurance policy(s), or an IRA

  • Assets held in a Living Trust (these are sometimes called revocable trusts)

Published: Sep 25, 2022

Updated: Aug 17, 2022

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