Probate is a court process which is required when an individual passes away owning financial accounts or assets that do not have a survivorship provision or beneficiary designation. There are a variety of techniques that can be used to avoid probate in Florida. Arguably the best way to avoid probate is to establish a revocable living trust. A revocable living trust allows you, as the initial trustee, complete flexibility to control all your assets and alter the terms of the trust as your life changes. When you pass away, your successor trustee assumes responsibility and ensures your assets are disbursed according to your wishes, without the need for judicial intervention. Note that the cost of probate can far exceed the cost of developing a revocable living trust as part of a comprehensive estate plan. Another way to avoid probate is to jointly own financial accounts and real property. When an account is jointly owned, the survivor will automatically retain ownership of the account – no probate needed! Joint ownership of real property also allows property to transfer without probate. However, the deed must include very specific language to ensure real property transfers to the survivor automatically upon death. Oftentimes someone does more harm than good making a deed on their own. Our attorneys can give proper advice on preparing the right kind of deed for your situation. Yet another way to avoid probate is to ensure you name a beneficiary or pay on death designation for all your individually owned financial accounts. This includes checking and savings accounts, investment accounts, stock accounts, and retirement accounts. Lastly, it is important to note – a Last Will and Testament does NOT avoid probate. Your Last Will and Testament is a probate document. A Last Will and Testament is simply a guideline of your wishes for the individual named as Personal Representative or Executor to follow through the probate process. There are multiple strategies a person can use to avoid probate and create peace of mind for yourself and your loved ones during a difficult time. Each person’s situation requires a unique combination of strategies to achieve the maximum protection with minimum concerns.