Probate can be a time-consuming and costly process for families in Florida, especially during a time of grief. At Michael Greenwald, P.A., we help Broward County residents take proactive legal steps to avoid probate and ensure that their assets are passed on efficiently and according to their wishes.

What Is Probate?

Probate is the court-supervised process of verifying a will and distributing a deceased person’s assets. It can take months or even years to complete, often involving legal fees, court costs, and public filings. For many Floridians, avoiding probate is a key goal in estate planning.

Strategies to Avoid Probate in Florida

There are several estate planning tools that can help you sidestep probate in Florida:

1. Revocable Living Trust

A revocable living trust allows you to transfer assets to a trust while you’re still alive. You maintain control over the trust and its assets during your lifetime. Upon your death, the named successor trustee distributes the assets without going through probate.

2. Joint Ownership with Right of Survivorship

If you own property jointly with another person (like a spouse), that property will automatically pass to the surviving owner upon your death. This is commonly used with real estate and bank accounts.

3. Payable-on-Death (POD) and Transfer-on-

Death (TOD) Designations

Bank accounts, retirement accounts, and investment accounts can have POD or TOD designations. These allow the assets to transfer directly to named beneficiaries without probate.

4. Lady Bird Deed (Enhanced Life Estate Deed)

This Florida-specific deed allows property owners to retain control of real estate during their lifetime and automatically transfer the property to beneficiaries upon death—without going through probate.

5. Gifting Assets During Your Lifetime

In some cases, making gifts during your lifetime can reduce the size of your estate and avoid probate. However, it’s important to consult with an attorney to ensure tax and Medicaid implications are considered.

Benefits of Avoiding Probate

• Faster asset distribution to loved ones
• Reduced legal and court costs
• Increased privacy, as probate records are public
• Less stress for surviving family members

Why Work with an Attorney?

While some estate planning tools may seem straightforward, the details matter. One mistake—like a missed signature or unclear beneficiary designation—can bring your estate right back into probate. At Michael Greenwald, P.A., we work with Broward County clients to build effective estate plans tailored to their goals and Florida law.