"Avoiding probate can protect your estate's value, leaving more assets for your loved ones."
- Karen Estry, Esq.
The complexities and costs of probate make the process undesirable in most estate planning efforts. As such, various legal strategies are used to avoid probate when possible.
Probate is an often tedious, court-supervised proceeding whereby a deceased person's estate is administered. The process includes:
When no will is present, the property is distributed amongst surviving relatives according to Florida law.
Probate can be a lengthly process, lasting up to a year or more. Also, depending on the complexities involved, probate costs can become significant.
In Florida, estates worth less than $75,000 may be eligible for a simplified probate procedure called "summary administration."
Many estate-planning strategies involve avoiding probate, and will often utilize the following:
An estate lawyer is often called upon to help set up an estate plan that spares beneficiaries the aggravation and expense of probate.