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Toll Free : 888-858-5404 | Local : 850-391-2884

Hathaway Sprague Law, P.A.
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We are a board-certified consumer bankruptcy attorney and a lawyer with over 30 years of experience in the areas of consumer rights and criminal defense. Together, we help people in Florida’s Panhandle keep their homes, find long term debt relief, fight criminal charges and develop estate plans that will benefit them and their loved ones.

Photo of the legal team at Hathaway Sprague Law, P.A.
GET HELP TODAY

Toll Free :
888-858-5404
Local :
850-391-2884

Hathaway Sprague Law, P.A.
Experienced And Effective

We are a board-certified consumer bankruptcy attorney and a lawyer with over 30 years of experience in the areas of consumer rights and criminal defense. Together, we help people in Florida’s Panhandle keep their homes, find long term debt relief, fight criminal charges and develop estate plans that will benefit them and their loved ones.

Photo of the legal team at Hathaway Sprague Law, P.A.
GET HELP TODAY

Toll Free :
888-858-5404
Local :
850-391-2884

Hathaway Sprague Law, P.A.
Experienced And Effective

Can an estate be settled without probate in Florida?

On Behalf of | Aug 12, 2024 | Estate Planning And Probate |

Avoiding probate can be a beneficial option to cut costs, save time, and reduce stress, and certain assets allow individuals to settle an estate without probate in Florida. 

Therefore, many individuals are interested in settling estate concerns without court approval in Florida. 

Settle without probate administration

In certain circumstances, individuals can settle an estate outside the Florida probate court administration. For example, if final expenses are more than the estate’s assets, individuals can settle without court. In this case, property or assets owned by the deceased do not have to be administered in court.

Bypassing the courts can also occur when the deceased did not pass on real estate property.

The last rule is that the deceased’s debts to creditors cannot exceed their final expenses, including funeral costs and medical care. 

Practical financial methods to avoid probate

There are a few things to keep in mind that can help you save money, time, and effort. 

Individuals can use one of the following financial methods to potentially avoid probate court:

  • Joint property: Adding a joint owner with survival rights ensures the other bank or savings account owner will not require probate. 
  • Transfers: Appointing a beneficiary to securities establishes a Transfer on Death, allowing the executor to deal with the property owner’s assets after death.
  • Deeds: Creating a life estate deed transfers property to beneficiaries after death without needing real estate probate court. 

Additionally, establishing a living trust could be a good option. It bypasses probate by appointing a trustee to take over assets after death. 

Plan your estate

it is possible to settle an estate without going through probate in Florida, especially if one prepares ahead of time. Properly organizing assets during one’s lifetime can greatly ease the burden on surviving family members, allowing for a more straightforward transfer of assets.

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