Is Probate Mandatory for All Estates in Florida?
Probate is not always required in Florida when a person dies, and there are several situations where the deceased's assets can pass without probate.
Probate is not always required in Florida when a person dies, and there are several situations where the deceased's assets can pass without probate.
It is important to remember that probate can be complicated, 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 a beneficiary or pay-on-death designations. For example, a life insurance policy or an IRA with a named beneficiary.
Assets are titled jointly. For example, you hold a deed with joint rights of survivorship or a ladybird deed.
Life insurance policy(s) or an IRA
Assets held in a Living Trust (these are sometimes called revocable trusts)
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