Florida Probate Avoidance – Questions Every Family Should Ask
Avoiding probate in Florida means your assets transfer directly to your beneficiaries without going through probate court. This keeps your estate private, reduces legal costs, and helps your family receive their inheritance faster.
Yes. Jointly owned property with rights of survivorship automatically passes to the surviving co-owner. This is a common probate avoidance strategy for Florida real estate and financial accounts.
No. A last will and testament in Florida still goes through probate court. To avoid probate, you need to use additional tools like a revocable living trust, joint ownership, or beneficiary designations.
Assets titled solely in your name without a beneficiary or trust—like a home, bank account, or vehicle typically require probate. Outdated or missing designations are a common mistake that leads to court involvement.
At least every 2–3 years, or after any major life event. Regular updates help ensure your assets are properly titled and your documents reflect your current wishes reducing the risk of probate later.
A revocable trust removes your assets from the probate process by holding them in the trust during your lifetime. After your death, the successor trustee distributes everything privately and efficiently without court involvement.
How to Avoid Probate in Florida
Probate can be a long, expensive, and public process. Fortunately, with the right planning, many Florida families can avoid probate altogether. At The Law Office of Brian P. Buchert, we help Tampa residents protect their assets and spare their loved ones the stress of court involvement after death.
Why Avoiding Probate Matters
- Probate in Florida can take 6 months to over a year
- Attorney and court fees reduce the value of your estate
- Your personal and financial affairs become public record
- Delays can cause unnecessary stress and family disputes
Avoiding probate means your loved ones receive your assets faster, with fewer legal complications.
Many Florida residents seek ways to avoid probate to save their families time, money, and stress. Probate can be a lengthy legal process, but with proper planning, it’s possible to bypass it altogether. Common methods to avoid probate include creating a revocable living trust, adding beneficiaries to accounts, designating transfer-on-death (TOD) or payable-on-death (POD) designations, and jointly titling property with rights of survivorship. These tools help assets pass directly to heirs without court involvement.
A revocable living trust is one of the most powerful tools for avoiding probate in Florida. It allows you to maintain control of your assets while alive and ensures they are passed on seamlessly upon death. By transferring ownership of assets into the trust, they are no longer considered part of your probate estate. Additionally, TOD and POD designations on bank accounts and investment portfolios are simple yet effective ways to keep those assets out of probate court. Consulting with a Florida estate planning attorney helps ensure that these strategies are legally sound and tailored to your unique situation.
Top Ways to Avoid Probate in Florida
- Revocable Living Trust – Assets placed in a trust avoid probate and pass directly to your beneficiaries
- Beneficiary Designations – Retirement accounts, life insurance, and payable-on-death (POD) bank accounts transfer outside of probate
- Joint Ownership with Rights of Survivorship – Property passes directly to the surviving owner
- Enhanced Life Estate Deeds (Lady Bird Deeds) – Allows property to transfer automatically without probate while retaining your control during life
Florida Trust Planning
- A revocable living trust is one of the most effective ways to avoid probate
- You maintain full control of your assets during your lifetime
- Your successor trustee distributes everything according to your wishes after your passing – without court involvement
- Great for homes, bank accounts, and investments
- Provides privacy and efficiency
- Can include rules for minor children or family members with special needs
What Assets Still Go Through Probate?
- Solely owned property without a named beneficiary
- Assets not titled in the name of a trust
- Outdated or incorrect beneficiary designations
This is why professional estate planning is so important. One missed detail can send part of your estate through probate even if you thought everything was protected.
Plan Now to Avoid Probate Later
- It’s never too early to plan
- Whether you’re just getting started or updating old documents, Attorney Brian P. Buchert can help
- Create a complete, legally sound plan that keeps your family out of court
Schedule your free consultation to explore your options and build the right plan for your goals.
The Law Office of Brian P. Buchert – Helping Tampa Families Stay Probate-Free
- Over 15 years of experience in Florida estate law
- Customized solutions tailored to each client’s specific needs
- Dedicated to protecting your legacy and keeping things simple and protected
Let’s build a plan that honors your wishes, protects your assets, and keeps things simple and protected for the people you love.