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4 Ways to Avoid Probate in Florida!

  • Jun 25, 2025
  • 2 min read

Let’s be honest, nobody wants their loved ones stuck in court, waiting months (or longer) for assets to transfer after they pass.


Good news? In Florida, you can avoid probate in more ways than one. Better news? It’s not just for millionaires; these strategies are perfect for everyday families too.


Let’s break down 4 smart ways to avoid probate in Florida.


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 1. Set Up a Revocable Living Trust

This is the VIP pass of probate avoidance. A revocable living trust holds your assets while you're alive, and then smoothly passes them to your chosen beneficiaries when you die.


Perfect for:

  • Real estate

  • Bank accounts

  • Investments

  • Personal property

Bonus: You stay in control of everything while you're alive.



2. Use Beneficiary Designations

Some accounts let you skip probate automatically by naming a beneficiary. Look for:

  • Retirement accounts (IRA, 401k)

  • Life insurance policies

  • Bank accounts

  • Investment accounts

Just make sure to update these after major life changes — like marriage, divorce, or new babies.



3. Own Property Jointly with Rights of Survivorship

If you co-own property with someone (like your spouse) as “joint tenants with right of survivorship”, the surviving owner(s) automatically inherit the property.


In Florida, married couples often own homes as "tenants by the entireties," which works the same way for survivorship rights.


>> No probate needed — just record a death certificate with the county to update the title.



4. Use Lady Bird Deeds (Enhanced Life Estate Deeds)

Unique to Florida and a few other states, Lady Bird Deeds allow you to keep full control of your property during your lifetime — and automatically transfer it at death without probate. These deeds are like beneficiary designations for your real estate!


It’s a powerful tool for homeowners who don’t want to set up a trust but still want to avoid probate on their real estate.



Final Thought: Probate Isn’t Inevitable — Planning Helps!

Avoiding probate can save your loved ones time, money, and stress — and it's easier to set up than most people think.


Want to find out which strategies make sense for your family? Let’s talk. We’ll walk you through it, step by step. No pressure, just clarity and peace of mind.

 
 
 

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655 W Highway 50, Suite 105 Clermont, FL 34711

352-722-3114 

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