Loune-Djenia Askew, Esq
Apr 14, 2025
When a loved one passes away, one of the first questions families often ask is, “Does the estate have to go through probate?” The answer: not always.
When a loved one passes away, one of the first questions families often ask is, “Does the estate have to go through probate?”
The answer: not always.
In Florida, not every estate must go through the probate process. Probate is the court-supervised procedure for settling a person’s affairs after death—this includes identifying assets, paying debts, and distributing what’s left to beneficiaries. While probate is necessary in many cases, there are ways to avoid it with proper planning.
When Probate Is Required
Probate is generally required if the deceased person owned assets solely in their name without a designated beneficiary. This might include:
A home titled only in the deceased person’s name
Bank accounts without a payable-on-death (POD) designation
Vehicles or personal property not jointly owned
If no plan is in place, these assets must go through probate before they can be legally passed on to heirs.
How to Avoid Probate in Florida
Good news—there are several legal tools that allow families to avoid probate entirely:
Trusts – Assets held in a revocable living trust can be passed to beneficiaries without court involvement.
Joint Ownership – Property titled with rights of survivorship automatically goes to the surviving owner.
Beneficiary Designations – Accounts like life insurance, retirement plans, and bank accounts can name beneficiaries to receive the funds directly.
Lady Bird Deeds – In Florida, this special type of deed allows homeowners to transfer property after death without probate.
Why Avoid Probate?
Avoiding probate means:
Faster access to assets for loved ones
Lower legal costs and court fees
More privacy, since probate records are public
Less stress during an already emotional time
The Bottom Line
Not every estate goes through probate in Florida. With the right planning—like setting up a trust or naming beneficiaries—you can spare your family the delays and costs of court.
Thinking about the future? Our estate planning team can help you create a plan that keeps your loved ones out of court and your wishes honored.
Start planning today—your family will thank you tomorrow.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.