How to Avoid Probate in Florida: 7 Strategies That Actually Work

Avoiding probate in Florida is not just possible - it is often the smart financial choice. Formal probate administration in Florida typically takes 6 to 12 months, costs 3 to 6 percent of the estate in professional fees, and exposes your family's finances to public record. With proper planning, many Florida families can bypass the probate court entirely.

This guide explains seven proven strategies to avoid probate, when each works best, and how to implement them for different types of assets.

Why Florida Families Want to Avoid Probate

Before diving into strategies, let's understand what probate costs your family.

Time

Formal probate administration in Florida takes a minimum of six months due to the required creditor claims period. Complex estates routinely take 12 months or longer. During this time, assets are tied up, the home cannot be easily sold, and beneficiaries wait.

Money

Professional fees add up quickly. Under Florida's statutory fee schedule, attorneys and personal representatives can each receive up to 3 percent of the first million dollars in estate value. For a $500,000 estate, that could mean $20,000+ in professional fees before adding court costs, publication fees, and appraisals.

Privacy

Probate is a public proceeding. The will, inventory of assets, list of creditors, and distribution plan all become part of the public record. Anyone can look up what you owned, what you owed, and who received what.

Control

During probate, many decisions require court approval. Selling the house, distributing assets, or handling disputes may need formal court orders. This takes time and limits flexibility.

Stress

Dealing with probate while grieving adds burden to an already difficult time. Families benefit when assets transfer smoothly without court involvement.

Strategy 1: Create a Revocable Living Trust

A revocable living trust is the most complete probate avoidance strategy available. It can hold virtually any asset and provides flexibility that other methods lack.

How a Living Trust Works

You create a trust document naming yourself as the initial trustee (manager) and beneficiary. You transfer assets into the trust - deeding real estate, retitling accounts, and assigning ownership. You name a successor trustee to take over when you die or become incapacitated.

During your lifetime, you control everything. You can buy, sell, use, or give away trust assets freely. You can change beneficiaries or revoke the trust entirely.

At your death, the successor trustee distributes assets according to the trust terms. No court involvement needed. No probate.

What a Living Trust Does Well

Avoids probate for all trust assets. Every asset you transfer to the trust passes outside probate.

Works for all asset types. Real estate, bank accounts, investments, business interests, and personal property can all go into a trust.

Handles out-of-state property. If you own real estate in multiple states, a trust avoids the need for probate in each state.

Provides incapacity planning. If you become unable to manage your affairs, the successor trustee can step in without court-supervised guardianship.

Maintains privacy. Trust distributions happen privately. No public record of your assets or beneficiaries.

Allows complex distribution plans. You can include conditions, staged distributions, protection for beneficiaries with special needs, and other provisions that simple beneficiary designations cannot accommodate.

What a Living Trust Costs

Expect to pay $1,500 to $5,000 or more for attorney preparation of a living trust, depending on complexity. This includes the trust document, pour-over will, and often a power of attorney and healthcare directive.

The Critical Step Most People Miss

Creating a trust is not enough. You must actually transfer assets into the trust ("funding" the trust). An unfunded trust does nothing to avoid probate.

Common funding steps:

• Deed real estate from yourself to yourself as trustee
• Retitle bank accounts in the trust's name
• Change investment account ownership to the trust
• Assign ownership of business interests to the trust

Assets not transferred to the trust go through probate. This is the most common living trust mistake.

When a Living Trust Makes Sense

Consider a living trust if you:

• Have significant assets (typically $500,000+)
• Own real estate in multiple states
• Want privacy about your finances
• Need incapacity planning
• Have complex distribution wishes
• Want to provide for minor children or beneficiaries with special needs

When Simpler Options May Suffice

A living trust may be overkill if:

• Your assets are primarily beneficiary-designated accounts
• You have one Florida property (Lady Bird deed may be simpler)
• Your total estate is small
• Your distribution plan is straightforward

Strategy 2: Use Beneficiary Designations

Beneficiary designations are the simplest probate avoidance tool. Many financial accounts let you name someone who receives the assets directly when you die - no probate, no will, no court involvement.

Accounts That Accept Beneficiary Designations

Retirement accounts:

• Traditional and Roth IRAs
• 401(k) and 403(b) plans
• Pension plans
• SEP and SIMPLE IRAs

Life insurance:

• All types of life insurance policies

Bank accounts (Payable on Death):

• Checking accounts
• Savings accounts
• Money market accounts
• Certificates of deposit

Investment accounts (Transfer on Death):

• Brokerage accounts
• Individual stocks and bonds
• Mutual fund accounts

Other assets:

• Annuities
• Health Savings Accounts
• 529 college savings plans

How to Set Up Beneficiary Designations

1. Contact each financial institution
2. Request a beneficiary designation form
3. Name primary beneficiaries (who inherits if you die)
4. Name contingent beneficiaries (backup if primary dies first)
5. Specify percentages if naming multiple beneficiaries
6. Submit the form and keep a copy

Most institutions also allow online beneficiary updates through your account portal.

Critical Warning: Beneficiaries Override Your Will

Whatever you put on the beneficiary form controls who receives the account - regardless of what your will says. If your will leaves everything to your children but your 401(k) form names your ex-spouse from 20 years ago, your ex-spouse gets the 401(k).

Review and update beneficiary designations:

• After marriage or divorce
• After births or adoptions
• After a beneficiary's death
• Whenever your wishes change
• At least every few years as routine

For more details, see our complete guide to beneficiary designations.

When Beneficiary Designations Work Best

Use beneficiary designations for:

• Retirement accounts (required - no other good option)
• Life insurance (built into the policy structure)
• Bank accounts you want a specific person to receive
• Investment accounts with straightforward distribution wishes

Strategy 3: Joint Ownership with Right of Survivorship

When property is owned jointly with right of survivorship, the surviving owner automatically receives the entire property when the first owner dies. No probate needed - just record the death certificate.

Types of Joint Ownership

Joint tenants with right of survivorship (JTWROS): Available to any co-owners. When one dies, survivors own the whole property. Can be two or more people.

Tenants by the entirety: Available only to married couples. Provides additional creditor protection - a creditor of one spouse generally cannot reach property held this way. When one spouse dies, the survivor owns everything.

How Joint Ownership Avoids Probate

At the first death, ownership transfers automatically by operation of law. The surviving owner:

1. Obtains certified death certificates
2. Records the death certificate with the county (for real estate)
3. Presents the death certificate to the financial institution (for accounts)

Title updates to the survivor's name alone. No court involvement.

The Downsides of Joint Ownership

Immediate shared control. Adding someone as a joint owner gives them current ownership rights. They can:

• Sell or encumber their share
• Refuse to cooperate in a sale or refinance
• Expose the property to their creditors, lawsuits, or divorce

Tax implications. When property is held jointly (other than between spouses), only the deceased owner's share receives a stepped-up tax basis. The surviving owner's share keeps its original basis, potentially creating capital gains tax when sold.

Inflexibility. Joint ownership only works for passing property to one person (or multiple people who will share ownership). It cannot implement complex distribution plans.

Second death problem. Joint ownership avoids probate at the first death. But when the surviving owner dies, the property goes through their estate - potentially requiring probate then.

When Joint Ownership Works Well

• Married couples (tenants by the entirety offers creditor protection)
• A parent adding one trusted child who will inherit the property
• Bank accounts where convenience and survivorship are both goals

When Joint Ownership Creates Problems

• Adding multiple children (creates shared ownership problems)
• When you want to retain full control
• When the co-owner has creditor or lawsuit risks
• When you want conditions on inheritance

Strategy 4: Lady Bird Deeds for Real Estate

A Lady Bird deed (enhanced life estate deed) is Florida's best probate avoidance tool for real estate. It lets you name beneficiaries for your property while keeping complete control during your lifetime.

How Lady Bird Deeds Work

You create a deed that transfers your property to a beneficiary (called the "remainderman") but reserves an "enhanced life estate" for yourself. This enhanced life estate gives you:

• The right to live in the property
• The right to all income from the property
• The right to sell, mortgage, or lease the property without the beneficiary's consent
• The right to change your mind and name different beneficiaries
• The right to revoke the deed entirely

During your lifetime, you have complete control. The beneficiary has no current rights.

At your death, ownership transfers automatically to the named beneficiary. They record the death certificate and own the property - no probate.

Lady Bird Deed Advantages

Low cost. $200 to $500 for attorney preparation, compared to $1,500+ for a trust.

Full control retained. Unlike regular joint ownership, you keep complete authority.

Preserves homestead exemption. Your property tax benefits continue.

Not a disqualifying Medicaid transfer. Under current Florida rules, Lady Bird deeds do not trigger Medicaid lookback penalties.

Stepped-up tax basis. Beneficiaries receive the property at current market value for capital gains purposes.

Lady Bird Deed Limitations

Only for Florida real estate. Does not help with property in other states or other asset types.

Homestead restrictions still apply. If you have a spouse or minor children, constitutional descent rules limit who can receive homestead property.

Does not help with other assets. You still need beneficiary designations or a trust for accounts and personal property.

For complete details, see our Lady Bird deed guide.

Strategy 5: Transfer on Death Vehicle Titles

Florida allows transfer-on-death designations on motor vehicle titles. This lets vehicles pass directly to beneficiaries without probate.

How TOD Vehicle Titles Work

You complete HSMV Form 82050 and submit it with your vehicle title to the Florida Department of Highway Safety and Motor Vehicles. The department issues a new title showing the TOD beneficiary.

During your lifetime, you retain full ownership. You can sell, trade, or change beneficiaries at any time.

At your death, the beneficiary brings the title and a certified death certificate to the DMV. They receive a new title in their name. No probate.

What Vehicles Qualify

• Cars and trucks
• Motorcycles
• RVs and campers
• Boats with motors (depending on titling)

When TOD Titles Make Sense

Use TOD designations for vehicles you want a specific person to receive. It is simple, free (beyond normal DMV fees), and avoids probate for those assets.

Note that two motor vehicles are already exempt property under Florida Statutes Section 732.402 and pass to the surviving spouse or children regardless - but TOD designations simplify the transfer process.

Strategy 6: Make Lifetime Gifts

Property you give away during life is not part of your estate and does not go through probate.

How Gifting Works for Probate Avoidance

You simply transfer ownership of assets to your intended beneficiaries now. They own the property immediately - nothing left to probate.

Annual Gift Tax Exclusion

Under federal tax law, you can give up to $18,000 per recipient per year (2024 amount, adjusted annually) without any gift tax implications. A married couple can give $36,000 per recipient per year.

Gifts above this amount count against your lifetime exemption ($13.61 million in 2024) - so most people never actually pay gift tax. If a family member dies without proper planning, understanding Florida intestate succession becomes essential to know who inherits.

When Gifting Makes Sense

• You have more assets than you need
• You want to see beneficiaries enjoy the gift
• You want to reduce estate size for tax reasons
• The assets are appreciating and you want growth to occur outside your estate

Downsides of Gifting

Loss of control. Once you give it away, it belongs to the recipient. You cannot get it back.

No stepped-up basis. Gifted property keeps your original tax basis. If you bought stock for $10,000 and it is worth $100,000 when you gift it, the recipient has your $10,000 basis. If they sell, they owe tax on $90,000 in gain. Had they inherited instead, they would receive a stepped-up basis of $100,000 and owe no tax on immediate sale.

Potential gift tax. Large gifts may require filing a gift tax return, even if no tax is owed.

Medicaid implications. Gifts within five years of applying for Medicaid may create ineligibility periods.

Strategy 7: Keep Estate Size Below Probate Thresholds

Florida offers simplified procedures for smaller estates that, while technically probate, are much faster and cheaper than formal administration.

Disposition Without Administration

For estates with only personal property (no real estate) valued at less than funeral costs plus two months of final medical expenses (typically around $6,000), Florida allows disposition without administration under Florida Statutes Section 735.301.

This is not probate avoidance, but it is the simplest possible court process - often completed in one to two weeks. Understanding Florida exempt property helps determine if your estate qualifies.

Summary Administration

Under Florida Statutes Section 735.201, summary administration is available when:

• The estate value (excluding exempt property and homestead) is $75,000 or less, OR
• The decedent died more than two years ago

Summary administration is faster (one to three months) and cheaper than formal administration. There is no appointed personal representative and no formal creditor claims period.

Keeping Assets Below the Threshold

If your non-exempt, non-homestead assets are close to $75,000, you might use beneficiary designations or gifts to bring the probate estate below the threshold. This allows your family to use summary administration for whatever remains.

Building Your Probate Avoidance Plan

Here is a step-by-step approach to avoiding probate for your estate.

Step 1: Inventory Your Assets

List everything you own:

• Real estate (Florida and other states)
• Bank accounts
• Investment accounts
• Retirement accounts
• Life insurance policies
• Vehicles
• Business interests
• Valuable personal property

For each asset, note how it is currently titled and whether it has beneficiary designations.

Step 2: Identify What Would Go Through Probate

An asset goes through probate if:

• It is in your name alone, AND
• It has no beneficiary designation, AND
• It is not held in trust, AND
• It is not joint with survivorship

Assets meeting these criteria need planning.

Step 3: Match Strategies to Assets

Step 4: Implement Your Plan

• Create necessary documents (deeds, trust)
• Complete beneficiary forms
• Transfer assets to trust (if using one)
• Record deeds
• Update account titles

Step 5: Maintain Over Time

Review your plan:

• After marriage, divorce, births, or deaths
• When you acquire new assets
• When you sell or transfer assets
• At least every three to five years

Assets acquired after you set up your plan need to be brought into the plan - new accounts need beneficiaries, new property needs deeds or trust transfer.

Common Probate Avoidance Mistakes

Mistake 1: Creating a Trust But Not Funding It

The most common trust mistake is creating the document but never transferring assets into it. An unfunded trust provides zero probate avoidance.

Mistake 2: Outdated Beneficiary Designations

Ex-spouses, deceased relatives, and people you no longer want to inherit may still be named on your accounts. Review designations regularly.

Mistake 3: Inconsistent Planning

Some assets are planned; others are forgotten. The unplanned assets go through probate. Be thorough.

Mistake 4: DIY Document Errors

Florida has specific requirements for deeds and other legal documents. Improperly drafted Lady Bird deeds, missing formalities, or incorrect language can cause the document to fail. Use a qualified attorney.

Mistake 5: Ignoring the Pour-Over Will

Even with a trust, you should have a "pour-over will" that catches any assets not transferred to the trust and directs them into it. Without this backup, forgotten assets go through intestate succession. For more potential issues to watch for, see common Florida probate mistakes.

You Still Need a Will

Even with complete probate avoidance planning, every Florida resident should have a will because:

Guardianship. Only a will can nominate guardians for minor children.

Catch-all. A pour-over will catches forgotten assets and directs them to your trust.

Backup. If other planning fails (beneficiary predeceases you, etc.), the will provides direction.

Personal property. Small items without titles or designations pass under the will.

Frequently Asked Questions

Can you completely avoid probate in Florida?

Yes. With proper planning using trusts, beneficiary designations, Lady Bird deeds, and other tools, your estate can pass entirely outside probate.

Is avoiding probate worth the effort?

For most Florida families, yes. Probate costs 3 to 6 percent of estate value and takes 6 to 12 months. Planning costs are usually lower and save your family significant time and money.

What is the simplest way to avoid probate in Florida?

Beneficiary designations are simplest - fill out forms with your financial institutions. For real estate, a Lady Bird deed is straightforward and inexpensive.

Do I need a lawyer to avoid probate?

For beneficiary designations, no - you can complete forms yourself. For Lady Bird deeds and trusts, attorney involvement is strongly recommended to ensure documents are properly drafted.

What happens if some assets avoid probate and others do not?

The non-probate assets transfer directly to beneficiaries. The probate assets go through the court process. You can have a partial success - avoiding probate for most assets while a smaller amount goes through court.

Next Steps

Ready to avoid probate? Here is what to do:

1. Inventory your assets and identify what would go through probate
2. Add beneficiary designations to accounts that allow them
3. Consider a Lady Bird deed for your Florida home
4. Evaluate whether a trust makes sense for your situation
5. Consult an attorney for document preparation

Use our probate fee calculator to see what probate would cost your family.

Learn more about specific strategies:

• Lady Bird deeds
• Beneficiary designations
• Probate vs. trust

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Sources:

• Florida Statutes Section 732.402 (Exempt Property)
• Florida Statutes Section 735.201 (Summary Administration)
• Florida Statutes Section 735.301 (Disposition Without Administration)
• Florida Statutes Section 655.82 (Payable on Death Accounts)
• Florida Statutes Section 711.501 (Transfer on Death Securities)
• Internal Revenue Code Section 2503 (Annual Gift Exclusion)

This guide provides general information about avoiding probate in Florida. Every situation is different. Consult a licensed Florida attorney for advice specific to your circumstances.

Last updated: January 2026