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In Florida, you can make a living trust to avoid probate for virtually any asset you own\u2014real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Assets that are exempt from probate in Florida include: Revocable Trusts. ... Designated Beneficiaries. ... Transfer on Death. ... Joint Title with Rights of Survivorship. ... Tenancy By Entireties. ... Florida Homestead.
Formal administration is the more involved variety of Florida probate. Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago.
Any application requesting a Disposition of the decedent's Personal Property without Administration must include the amount of reasonable and necessary medical and hospital expenses for the last 60 days of the last illness together with accompanying statements or payment receipts.
Do all estates require probate? \u2013 All estates do not go through probate in Florida. If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies.
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In all but the simplest estates, Florida law actually requires a probate attorney to assist the personal representative (executor) through the probate court process .
In Florida, a person can avoid probate by using joint ownership with rights of survivorship, beneficiary accounts, lady bird deeds, and living trusts. Two people may own real estate or personal property as joint tenants with rights of survivorship (or JTWROS).
Disposition Without Administration is used to request the release of assets of the deceased to the person who paid funeral and/or final medical bills. If the transfer is being requested to a person who has not paid final expenses, consents allowing such a transfer must be completed to enable the transfer.
Any application requesting a Disposition of the decedent's Personal Property without Administration must include the amount of reasonable and necessary medical and hospital expenses for the last 60 days of the last illness together with accompanying statements or payment receipts.
If probate is not filed, then the heirs cannot legally receive any assets and can sue the executor. Sometimes the will may be disputed or there may be a question of fraud or the signature on the will may not be valid; this can only be resolved through the probate process.

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