How Do I Avoid Probate in Florida?

Florida's formal probate administration under Fla. Stat. Chapter 733 is not a fast process. The mandatory 90-day creditor notice period establishes a minimum floor, and most formal administrations take 6 to 12 months from filing to close. Attorney and personal representative fees follow a statutory schedule and typically total roughly 3% of the estate's gross value in combined costs — plus court filing fees of $345–$405, publication costs, and appraisal fees if real property is involved.

Probate is also public. The will and the asset inventory are filed with the court and become accessible public records. Your family's financial details — what you owned, who inherited it, and in what amounts — are visible to anyone who looks.

The tools below are how Florida families avoid that process entirely.

A revocable living trust under Fla. Stat. Chapter 736 is the most comprehensive probate avoidance tool available. You transfer ownership of your assets into the trust during your lifetime, serve as your own trustee, and retain full control. At your death, your successor trustee distributes assets directly to your beneficiaries — without probate, without court filings, and without creating a public record.

A trust works for virtually every asset type: real estate, bank accounts, investment accounts, personal property, and business interests. It also handles incapacity — if you become unable to manage your affairs, your successor trustee steps in without court involvement.

Best for: Florida homeowners with multiple asset types, anyone who wants a single coordinated plan for both incapacity and death, clients with real estate in multiple states (a trust avoids ancillary probate in each state), and blended families with complex distribution wishes.

For Florida homeowners who want to keep their home out of probate without the cost and complexity of a full trust, a Lady Bird deed — formally called an Enhanced Life Estate Deed — is often the right tool.

A Lady Bird deed transfers your home to named beneficiaries automatically at your death while you retain full control during your lifetime. You can sell the property, mortgage it, change the beneficiaries, or revoke the deed entirely without the beneficiaries' consent. At your death, title passes automatically to whoever you named — no probate, no court petition, no delays.

Best for: Homeowners whose primary probate concern is the family home, clients who want a simple, low-cost probate avoidance tool for real estate without establishing a full trust, and clients engaged in Medicaid planning.

Retirement accounts (IRAs, 401(k)s, 403(b)s), life insurance policies, annuities, and similar accounts pass directly to named beneficiaries outside of probate — regardless of what your will says. The beneficiary designation controls, not your estate plan.

This makes beneficiary designations both a powerful probate avoidance tool and a frequent source of unintended outcomes. A retirement account that still names an ex-spouse as primary beneficiary will pass to that ex-spouse regardless of a subsequent will or trust. An account where the named beneficiary died years ago and was never updated will pass through the estate — and into probate.

Best for: Every Florida adult who has a retirement account, life insurance policy, or annuity. Beneficiary designations cost nothing to update and require no attorney involvement to maintain. The risk of not keeping them current is substantial.

Real estate and financial accounts held jointly with another person as "joint tenants with right of survivorship" (JTWROS) pass automatically to the surviving owner at death — outside of probate. For married couples, property held as "tenants by the entirety" accomplishes the same result and also carries creditor protection benefits during the joint owners' lifetimes.

Best for: Married couples who own a home together and want to ensure automatic survivorship; bank accounts and savings accounts between spouses.

Bank accounts can be set up as "payable on death" (POD) to a named beneficiary. Investment and brokerage accounts can carry "transfer on death" (TOD) designations. In both cases, the account passes directly to the named beneficiary at your death — no probate, no court process, no delay.

Best for: Bank accounts, savings accounts, and brokerage accounts where you want a simple, low-maintenance transfer mechanism that does not require establishing a trust.

No single tool covers everything. A complete probate avoidance plan for a typical Florida homeowner usually looks something like this:

The will does not avoid probate — but it ensures that anything not caught by the tools above lands in the right place rather than being distributed by statute. For a deeper look at how wills and trusts work together, see Do I Need a Will or a Trust in Florida?