While a large part of our practice involves probate and trust administration, we also provide guidance in avoidance of these legal requirements as part of estate planning, where it is indicated, and is most effective. While a Revocable Trust may assist in avoiding probate administration, when an individual passes away with a Revocable Trust, the Trust becomes irrevocable, and is subject to trust administration under Florida law. There are other ways of probate avoidance, which may be available or preferable in certain circumstances. 

For instance, when there is real property as part of the estate, probate of that asset can often be avoided by the use of what is known as an “enhanced life estate" deed, which in Florida we characterize as a "Lady Bird Deed." This type of deed is structured so that the owner retains a full ownership interest until death, at which time the title to the property is automatically transferred to a beneficiary or beneficiaries. Accordingly, probate of the property is unnecessary. 

When the estate includes bank accounts, stock or investment accounts, often these can be structured with designated beneficiaries that directly receive the proceeds upon the death of the owner. In each instance, probate of those assets is unnecessary. 

However, probate avoidance measures may not always be advisable under certain circumstances. Appropriate legal advice that is tailored to the client's needs and wishes is critical in providing guidance in these matters.