How to Avoid Probate in Florida


When a loved one passes, probate is often one of the first steps taken to distribute their estate. Unfortunately, the probate process can be quite lengthy and can take years before it is finalized.

The larger the estate and the more individuals involved can translate into a more complex probate process. Individuals involved often wonder if probate is even necessary or if it can be avoided altogether in order to distribute the estate in a more timely manner.

One of the key determining factors of whether you can avoid probate in Florida is to determine what assets, if any, need to go to probate and which assetsdo not.

Non-probate assets are typically those with a named beneficiary which means that not all estates have to go through the grueling process of probate in Florida. However, if an individual passes away without naming where each asset of their estate will go, then the probate process would typically be required.

While drafting a will is beneficial for outlining your desired wishes for when you pass away, it does not automatically mean your beneficiaries will avoid probate.

How to Avoid Probate in Florida?

If you want to avoid probate in Florida, it is imperative that you detail where each of your assetswill be distributed. An experienced probate attorney can help you draft a will and a comprehensive estate plan. Without the assistance of an attorney, some assets may get left out, which could result in probate.

Probate in Florida can take an average of six to 12 months and is dependent on a variety of factors, including:

  • Estate size
  • Existing estate plan
  • Creditor or beneficiary disputes

Holding assets in a living trust and creating an estate plan are two of the best ways to avoid probate in Florida. An attorney can help you develop a comprehensive estate plan and advise you on how best to avoid probate upon you or a loved one’s passing.

Contact the Law Office of Audra Simovitch today to help you avoid probate in Florida.

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