Probate, and what keeps property out of it

Probate is the court process that transfers what you owned in your sole name after you die. It is not a disaster, but it is public, it takes time, and most of it is avoidable with planning done in advance.

What goes through probate

Property in your sole name with no beneficiary designation and no survivorship interest. That typically means a home titled only to you, bank accounts without a payable-on-death designation, vehicles, and personal property.

What does not

A surprising amount, which is why some families need far less court involvement than they expect.

  • Retirement accounts, pensions and life insurance with a named beneficiary
  • Jointly held property with right of survivorship
  • Payable-on-death and transfer-on-death accounts
  • Assets titled in a living trust
  • Property passing by lady bird or life estate deed

If someone has already died

Start with a consultation. It establishes what the estate actually holds, which parts need the court, who the beneficiaries are, and what deadlines are already running.

Source: The Florida Bar Consumer Pamphlet

Probate, answered.

How long does Florida probate take?

It varies widely with the estate and the court's calendar. Simpler administrations move faster; a contested estate can run far longer. A consultation gives you a realistic read on yours.

Does having a will avoid probate?

No. A will directs the outcome of probate. Avoiding it takes a trust, beneficiary designations, survivorship titling, or the right deed.

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