Quick take: A will alone usually does not avoid probate in Florida. The good news is Florida law offers multiple tools to pass assets privately and quickly—without court supervision.
Why Avoiding Probate Matters in Florida
- Privacy: Probate is public.
- Speed: Often 6–12 months or longer.
- Cost: Frequently 3%–6% of estate value.
- Access: Delays can affect bank access and homestead rulings.
- Conflict: Court filings can increase family strife.
Planning ahead keeps transitions faster, private, and less expensive. Learn more about the Florida probate process and how our team can help simplify it for your family.
1) Revocable Living Trusts (RLTs)
Statutory authority: Chapter 736, Florida Trust Code
A Revocable Living Trust is Florida’s most flexible and popular probate-avoidance tool. You transfer assets into a trust during life and retain control. After death, your successor trustee distributes assets without court supervision, keeping them out of probate.
Common assets to include: real estate, bank and brokerage accounts, vehicles, and personal property.
External reference: Review Florida Statute Chapter 736 for trust code details.
2) Lady Bird Deeds (Enhanced Life Estate Deeds)
Statutory authority: §732.401(2), §689.17
A Lady Bird deed allows you to keep full control of your homestead during life and automatically transfer ownership at death—without probate. It preserves homestead protections and avoids Medicaid estate recovery.
3) Joint Ownership with Right of Survivorship (JTWROS)
Statutory authority: §689.15
When assets are held jointly with right of survivorship, the surviving owner automatically receives full ownership upon the other owner’s death—bypassing probate.
To learn more, visit the Florida Legislature’s official statute page.
4) Tenancy by the Entirety (TBE) — Married Couples Only
Statutory authority: §689.11; common law
Tenancy by the Entirety provides automatic survivorship and asset protection for married couples. On the first spouse’s death, title passes outside probate to the survivor.
5) Payable-on-Death (POD) & Transfer-on-Death (TOD) Accounts
Statutory authority: §655.82
Florida law allows financial accounts to name beneficiaries. At death, the funds transfer directly to the named beneficiary and do not become probate assets. Read Florida Statute §655.82 for full details.
6) Beneficiary Designations (Life Insurance, IRAs, 401(k)s)
Statutory authority: §222.13(1)
Assets with contract beneficiaries—life insurance, retirement plans, pensions—pass directly to the named beneficiary and are generally exempt from probate.
7) Life Estate Deeds (Traditional, Non-Lady Bird)
Statutory authority: §689.17
A traditional life estate deed creates a life estate for the owner and a remainder interest for beneficiaries. The property vests automatically at death, avoiding probate. Compare options with our guide to Florida deed options.
8) Gifting Assets Before Death
Statutory authority: §689.06
Valid lifetime gifts—made with intent, delivery, and acceptance—leave your estate before death and are not probate assets. Read more about gift tax planning in Florida.
9) Digital Assets with Designated Beneficiaries
Reference: §740.02
Some digital accounts (e.g., PayPal, crypto exchanges) allow beneficiary designations. When properly titled, these assets can pass outside probate. Review Florida’s Digital Assets Statute for more on fiduciary access rights.
Talk to a Florida Probate & Estate Planning Attorney
Questions about your situation? Schedule a free 15-minute consultation with Hogan & Hogan.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Florida estate planning attorney before acting.
