The Law Firm Of Myrna Serrano Setty, P.A
The Law Firm Of Myrna Serrano Setty, P.A

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Avoiding Probate In Florida: Strategies, Laws, Tactics, And Errors

Avoiding Probate In Florida: Strategies, Laws, Tactics, And ErrorsProbate is the frequently lengthy, and often costly, process of going through court to (re)assign ownership of a deceased person’s assets so that they can then be distributed amongst any beneficiaries. Many Florida residents, however, would rather avoid the trouble, delays, and expenses associated. Luckily, there are several strategies, legal steps, and estate planning techniques that can be used to help avoid it, many of which are discussed in the article below, including…

  • The strategies, tips, and steps needed to avoid Probate.
  • Which assets can be exempted from probate and under what conditions.
  • Important information and estate planning details that can help you avoid probate.

Are There Any Strategies Or Legal Tools Available In Florida To Avoid Or Minimize The Probate Process?

There are a variety of strategies and legal tools that you can use in Florida, with the help of your attorney, to avoid or minimize the probate process.

For example, you might make strategic use of beneficiary forms and beneficiary designations with life insurance, retirement accounts, or bank accounts. There are also revocable living trusts that can be used to avoid or minimize the probate process, as well as certain deeds that can be used to avoid the probate court process such as the enhanced life estate deed.

But before diving deeper into some of these strategies and tools and the conditions required to use them, it is important to remember why you might wish to avoid the Florida probate process after the death of a loved one.

Why Might It Be Beneficial To Avoid Or Bypass The Probate Process In Florida?

Though the process of probate is needed to ensure that a deceased person’s assets and property can be effectively redistributed, the court probate procedures to do so can be lengthy and costly.

In terms of time, probate can take months, at least, for family and loved ones to be able to access the assets and resources left to them. Once they do, they may also find the amount to be significantly less than expected or hoped as creditors have prior claims, and taxation may also remove a significant share.

Worse still, if contested, the probate process can take quite a bit longer and cost everyone significantly more.

Can Beneficiaries Contest A Will During The Probate Process In Florida?

Yes, close relatives, as well as anyone listed as a beneficiary can contest a will during the probate process. There is a general procedure for contesting a will during the probate process in Florida, and doing so can add significantly to the duration and cost of the entire process for everyone involved.

How Can I Ensure That My Assets Are Distributed According To My Wishes Without Going Through Probate?

Ultimately, what we are all looking for or hoping for after our death is that our wealth is passed on to those we love with minimal interference or disruption.

To ensure that your assets are distributed according to your wishes without the burden of probate, however, you first need a solid understanding of what assets generally go through probate and which assets do not.

That is why it is vital you consult with an attorney to help you understand what your options are and to determine if legal tools such as a trust or an enhanced life estate deed make sense for your situation.

Are There Any Tax Implement Implications Associated With Florida Appropriate Process?

As a general rule, there is no estate tax at the state level in Florida. Depending on the value of the estate, however, there may be some federal tax implications associated with the Florida probate process. This is because, at the federal level, there are limits to how large an estate can be before taxes are owed.

When it comes to inheriting real estate or retirement accounts, there might also be tax implications depending on how the gift was made and depending on the asset itself. This is one reason why many Floridians will seek to avoid probate altogether.

What Are Some Common Methods Or Strategies For Avoiding Probate In Florida?

Some common methods or strategies for avoiding probate include…

  • Enhanced life estate deeds for real estate.
  • ‘Transfer on death’ or ‘pay on death’ designations for financial products such as money market accounts, savings accounts, and checking accounts.
  • Revocable trusts.

All of these, and more, can be used to avoid probate in Florida. Each one, however, has its own set of conditions and applicable assets.

How Can Establishing A Revocable Living Trust Help Avoid Probate?

A revocable living trust is a way of transferring ownership of assets away from one person, with the possibility of transferring them to another later. This means that these assets will not, technically, belong to the deceased person at the time of their death.

If assets are properly transferred to a revocable living trust during the grantor’s lifetime or through pay-on-death beneficiary designations after they pass away those assets don’t have to pass through the probate court process.

Can Joint Ownership Of Property Or Accounts Help In Avoiding Probate?

Depending on the nature and specific details of your joint ownership of a property or account, such a co-ownership may help you avoid probate. If the co-owner of the account or property has rights of survivorship, then that property will avoid probate so long as one co-owner with rights of survivorship is alive. As it will pass directly to them.

How Does Florida’s Homestead Exception Impact The Probate Process?

As a general rule, just because a property is entitled to a homestead exemption in other areas of the law (such as bankruptcy or creditor repossession) does not allow that property to avoid the probate court process.

However, there are procedures within the probate court process that allow you to petition the court to exempt that property from creditor claims. Nevertheless, the property still needs to be part of the probate court process before it can be officially transferred under the law to the heirs.

Does Ensuring That My Assets Are Properly Titled And Designated Help Avoid Probate In Florida?

If one of your goals is to avoid probate, it is essential to have a solid understanding of all of your assets, including the types of assets that require beneficiary designations, such as life insurance or retirement accounts.

However, it is equally important to understand what probate is and consult with a qualified attorney to ensure that your titles and beneficiary designations are achieving your goals in the right way.

What Role Do Transfer-On-Death Designations Play In Avoiding Probate For Certain Assets In Florida?

If there is a transfer-on-death designation and the beneficiary is still alive, then that money or asset will avoid the probate court process entirely. All the beneficiary would need to do is initiate the claims process with the institution that is in charge of the money or financial account.

Can Gifting Assets During My Lifetime Be A Strategy To Avoid Probate In Florida?

In some situations, gifting assets may be appropriate to avoid probate. However, it is important to consult with a qualified attorney first, because gifting assets can have other implications, notably with taxation, which may cause unexpected issues and complications.

Can Life Insurance Policies Or Retirement Accounts Be Structured To Bypass Florida Probate?

As a general rule, life insurance policies and retirement accounts are naturally outside the probate court process. At least, they are as long as beneficiary designation forms are kept up to date. If you failed to update one of these after a death in the family, you may find some or all of these assets have to go through probate as well.

These strategies, and more, among the many a probate attorney, can help you put in place proper estate planning. It is never too early to start planning, especially if you want to avoid probate in Florida, but it can quickly become too late.

For more information about Avoiding Probate Process In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 686-7175 today.

Myrna Serrano Setty, Esq.

Call Now to Schedule Your
Free 15 Minute Discovery Call
(813) 686-7175