Tips For Avoiding Probate In Florida - Law Office Of Angela Siegel

By Angela SiegelFounder

Probate can often be avoided in Florida when assets are set up with clear transfer instructions ahead of time. This court-supervised process is used to transfer assets when someone dies without those instructions in place. Tools like beneficiary designations, trusts, and proper titling allow many assets to pass directly to loved ones without court involvement, while probate typically becomes necessary only when those steps are missing or outdated. Florida law provides several lawful ways to keep property out of the probate process, as long as those tools are used correctly and kept consistent over time.

1. Use Beneficiary Designations Where Florida Law Allows

One of the simplest ways to avoid probate is to name beneficiaries on eligible accounts. In Florida, assets with valid beneficiary designations pass directly to the named person after death.

Common examples include:

• Life insurance policies
• Retirement accounts such as IRAs and 401(k)s
• Pay-on-death bank accounts
• Transfer-on-death investment accounts

These assets do not pass through a will. Even if your will says something different, a valid beneficiary designation usually controls how the asset transfers. That makes it important to keep beneficiary forms up to date. If a beneficiary has died or the designation is missing, the asset may still end up in probate.

2. Consider a Revocable Living Trust

A revocable living trust is one of the most effective tools for avoiding probate in Florida. When assets are titled in the name of the trust, they are no longer part of the probate estate. Because a revocable trust can be changed or revoked at any time during your lifetime, you keep full control over the assets you place inside it.

Trusts are often used for:

• Real estate
• Bank and investment accounts
• Business interests
• Personal property

The trust only works if it is properly funded. Creating the document alone is not enough. Assets must actually be transferred into the trust during your lifetime.

3. Review How Your Property Is Titled

How an asset is titled often determines whether probate is required. In Florida, certain forms of ownership allow property to pass automatically to a surviving owner. When one owner dies, full ownership passes automatically to the survivor, which is why probate is avoided for that asset.

Examples include:

• Joint tenancy with right of survivorship
• Tenancy by the entirety for married couples

These ownership structures can work well, but they also carry risks if used casually. Adding someone to a deed or account can expose assets to that person’s creditors or create unintended ownership rights.

4. Use Lady Bird Deeds for Florida Real Estate

Florida allows a special type of deed, often called a Lady Bird deed, that lets you keep full control of your home during your lifetime while naming a beneficiary to receive it at death.

With this type of deed:

• You retain the right to sell or refinance
• The property passes automatically at death
• Probate is avoided for that real estate

Lady Bird deeds must be drafted carefully to meet Florida requirements and align with the rest of your estate plan.

5. Keep Your Estate Plan Updated After Life Changes

Even well-designed plans can still lead to probate if they are not updated after major life changes. Marriage, divorce, births, deaths, and significant asset changes can all affect whether probate becomes necessary.

We often see probate triggered because:

• A named beneficiary passed away
• Property was acquired after a trust was created
• An old will no longer matches current assets

Periodic reviews help ensure that assets still transfer the way you intend.

6. Be Careful With Adding Children to Accounts

Adding a child as a joint owner may seem like a simple workaround, but it can create tax, creditor, and control issues. In Florida, joint ownership often gives the added person immediate access and ownership rights.

This approach may:

• Expose funds to a child’s creditors
• Disrupt equal distributions among heirs
• Still fail to avoid probate if structured incorrectly

There are usually cleaner ways to achieve the same goal without these risks.

7. Coordinate Your Will With Non-Probate Tools

A will alone does not avoid probate, but it still plays a supporting role. Your will should work together with your trusts, beneficiary designations, and deeds.

If these tools conflict, probate may be required to sort things out. Consistency across documents reduces confusion and delays for your family.

A Smarter Way to Keep Assets Out of Probate

Avoiding probate in Florida is less about one document and more about coordination. When accounts, property, and legal tools are aligned, families often avoid court involvement altogether.

At the Law Office of Andrea Siegel, we build estate plans that reflect Florida law and real-life needs. If you want to reduce probate exposure and create a plan that works when it matters, we invite you to contact us to discuss your options.

About the Author Angela Siegel focuses her practice on Business & Commercial Law, Estate Planning, Probate & Estate Administration, Real Estate Law, and Wills. Committed to providing personalized and thorough legal services, Angela is dedicated to ensuring that each client receives the highest level of attention and expertise tailored to their unique needs.