Does a Will Avoid Probate in Florida?
No. A will tells the probate court what you want, but everything that passes under your will goes through Florida probate. To avoid probate, assets need to be in a funded revocable trust, owned jointly with survivorship, or pass by beneficiary designation, pay-on-death or a Lady Bird deed.
This is one of the most common misunderstandings we hear. A will is important, but it is a set of instructions for the probate court, not a way around it.
What Florida probate involves
- Filing the original will with the clerk of court within 10 days after learning of the death (§ 732.901)
- Having a personal representative appointed, who in most cases must be represented by a Florida lawyer
- Publishing a notice to creditors and waiting at least three months for claims (§ 733.702)
- Inventory, paying valid debts and expenses, then distributing assets
Formal administration commonly takes six months to a year or longer. Florida sets presumed reasonable attorney fees for formal administration based on the size of the estate (§ 733.6171), and there are court costs on top. Summary administration is available for smaller estates, generally $75,000 or less of non-exempt probate assets, or when the person died more than two years ago (§ 735.201).
What avoids probate
- A funded revocable living trust
- A Lady Bird deed for your home
- Beneficiary designations on life insurance, IRAs and annuities
- Pay-on-death and transfer-on-death designations on accounts
- Joint ownership with right of survivorship (with the risks explained in our post on joint accounts)
Do I still need a will?
Yes. Even with a trust, a pour-over will catches anything left out, and a will is where parents name guardians for minor children. Read our comparison: Trust or will in Florida?
Talk with a Florida estate planning lawyer
Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.
This article is general information about Florida law, not legal advice for your situation.
