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Your Options to Avoid Probate in Florida

An important goal in Florida estate planning is to spare your family the expense and hassle of a probate court proceeding. Here are some options for avoiding Florida probate:

Living trust – setting up a Florida living trust can ensure that all your assets will be passed on to whomever you designate without probate court proceedings. This entails creating living trust documentation and assigning a successor trustee to transfer the assets to your beneficiaries after your death. However, you must transfer property ownership to yourself first as the trustee of your trust to ensure the property will be controlled by the terms of the living trust. An estate planning attorney can help you with this.

Joint tenancy – if you own property with a spouse or someone else, a “right of survivorship” provision will ensure that the property transfers to the surviving owner. In Florida, each owner must own an equal share of the property. For married couples, this is known as “tenancy by the entirety.”

Transfer-on-death designations – in Florida, you can register brokerage accounts in “transfer-on-death” (TOD) form. Bank accounts and CDs can be designated “payable-in-death” (POD). For both, the beneficiary inherits immediately upon your death, but you control the funds until that time. Florida does not have such provisions for real property, like homes or vehicles.

Contact our Fort Myers estate planning law firm for a complimentary consultation on strategies to help protect and preserve your assets and avoid probate.

Categories: Probate
dorcey law firm
The Dorcey Law Firm, PLC - Fort Myers Attorney
Located at 10181 Six Mile Cypress Pkwy, Suite C, Fort Myers, FL 33966
Phone: (239) 330-6674
Local Phone: (239) 418-0169