15 Mar How to Avoid Probate in Florida

Careful planning during your lifetime can allow your family to avoid probate upon your death. This allows assets to be available immediately, free from creditor’s claims. Some tools for avoiding probate are simple and free, while others are more complex and require the help of an attorney.

Effective ways to avoid probate include:

• Pay on death beneficiaries of financial accounts
  • By designating someone (or multiple people) to receive a financial account upon your death, you can avoid probate for that asset. Money from such an account will go directly to the beneficiaries listed on the account, bypassing probate. Pay on death beneficiaries can be added to financial accounts for free without the help of a lawyer.

• Lady Bird Deeds/ Rights of Survivorship. For real estate, creating a “Lady Bird Deed,” also called an enhanced life estate deed, will allow you to designate someone to receive a home or parcel of land upon your death. Similarly, “rights of survivorship” can be included in the language of a deed to allow a co-owner to have full ownership upon your death. When creating deeds, it is important to consult with an attorney. GENESIS LAW, PA regularly drafts deeds to help families avoid probate for between $250.00-$350.00.
• Trust based estate plans. A trust based estate plan will avoid probate by placing your assets in a trust automatically transferred to a successor trustee upon your death. In your trust you will leave directions to your successor trustee regarding how your property should be divided. Trusts have advantages regarding asset protection to your heirs, privacy, and control of your assets after your death.

CLICK HERE to schedule a consultation with a Florida Estate Planning Attorney to discuss preparing a trust based estate plan.

If you have lost a loved one who either was a resident of, or owned property in the the State of Florida, and need assistance with Florida Probate, CLICK HERE, to schedule a consultation with a Florida Probate Attorney.

We serve clients throughout Florida, including, but not limited to, those in the following localities: Alachua County including Alachua, Archer, Gainesville, Hawthorne, High Springs, and Newberry; Bay County including Panama City and Panama City Beach; Broward County including Deerfield Beach, Fort Lauderdale, Hollywood and Pompano Beach, Clay County including Lakeside; Columbia County including Lake City; Duval County including Jacksonville; Leon County including Tallahassee; Marion County including Ocala; Miami-Dade County, including Aventura, Coral Gables, Hialeah, Miami, Miami Beach, Miami Gardens, North Miami, North Miami Beach and Sunny Isles; Palm Beach County including Boca Raton, Delray Beach and Palm Beach, Putnam County including Palatka; Sarasota County including Sarasota; and Taylor County including Perry.