What is Florida probate? Is it expensive? How to get out of it?

Florida probate is an after death administrative process. According to Florida law it can cost more than 6% of the total value of your estate to go through Florida probate. There is also a simpler and much cheaper probate process that might be applicable to your situation. Attorney Fernando Orrego will be able to advise you of all of the different ways to avoid probate. The use of beneficiary designations, trusts and lady bird deeds are just some of the options available.

Probate, or probate administration, is a court process that passes ownership of the decedent’s assets to their family or the beneficiaries listed in their Last Will and Testament (“Will”). If the decedent had a valid Will (under Florida Law), the Will still needs to be admitted to probate court. If the person passed away with no Will, probate administration is necessary to pass assets to the next of kin. If the decedent had a Living Trust, the probate process may be avoided altogether. Probate can be a messy situation but we can clean it up for you. Cost will depend on the complexity of the case. The best thing to do is avoid probate all together through proactive estate planning. Proper use of beneficiary designations, revocable trusts, and or irrevocable trusts can avoid probate. Of course, a durable power of attorney, a living will, and a healthcare surrogate are staples of a good estate plan.