Avoiding Probate in Florida
How to save your family time, money, and hassle.
Probate court proceedings (during which a deceased person's assets are transferred to the people who inherit them) can be long, costly, and confusing. It's no wonder so many people take steps to spare their families the hassle. Different states, however, offer different ways to avoid probate. Here are your options in Florida. (For an idea of what the probate process entails, see "Florida Probate: An Overview.)
In Florida, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee). Then -- and this is crucial -- you must transfer ownership of your property to yourself as the trustee of the trust. Once all that's done, the property will be controlled by the terms of the trust. At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. No probate will be necessary to transfer the property, although of course it will take some paperwork to show that title to the property is held solely by the surviving owner.
In Florida, two forms of joint ownership are available:
- Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together. In Florida, each owner, called a joint tenant, must own an equal share.
- Tenancy by the entirety. This form of joint ownership is like joint tenancy, but is allowed only for married couples in Florida.
Payable-on-death designations for bank accounts
In Florida, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account -- your POD beneficiary has no rights to the money, and you can spend it all if you want. At your death, the beneficiary can claim the money directly from the bank, without probate court proceedings.
Transfer-on-death registration for securities
Florida lets you register stocks and bonds in transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.
Transfer-on-death deeds for real estate
Florida does not allow real estate to be transferred with transfer-on-death deeds. There is a type of deed available in Florida known as an enhanced life estate deed, or “Lady Bird” deed, that functions like a transfer-on-death deed. This type of deed is not common. For more information, see Lady Bird Deeds or talk to a local lawyer.
Transfer-on-death registration for vehicles
Florida does not allow transfer-on-death registration of vehicles.
Simplified probate procedures
Even if you don't do any planning to avoid probate, your estate may qualify for Florida's simplified "small estate" probate procedures. For more details, see Probate Shortcuts. You can also read about a typical Forida probate court proceeding.