How to Avoid Probate

The best way to avoid probate is proper estate planning before death. A Last Will and Testament will not avoid probate in Florida. However, for the purposes of this discussion, we'll talk about a few ways to avoid probate if estate planning is absent or fails.

If probate assets are less than funeral expenses…

If the value of probate assets are less than funeral expenses, you may be able to file a “Disposition of Personal Property without Administration”.
Contact the clerk of courts in the decedent’s county of residence and ask them for assistance.

What is a Disposition of Personal Property without Administration?

As the name suggests, this is a procedure that occurs in probate court, but is NOT an actual probate administration.
If you paid the funeral expenses or any medical expenses from the last 60 days of the decedent’s life, you are entitled to a reimbursement from any available assets of the estate. Funeral expense reimbursements are limited to $6,000.

Not sure if your case is eligible for avoiding probate? Talk to a lawyer.

After a Person Dies, Can I Avoid Probate?

Outside of the above options, probably not. If assets are "stuck" in the decedent's name, you'll likely need to go through some type of probate administration.

How do I make sure my own estate doesn't have to go through Florida probate?

Estate planning. A combination of Wills, Trusts and strategic real estate transfers can properly avoid probate altogether. Again, a Will alone does not avoid probate. Interested in estate planning? Visit our sister site:


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