Will Your House Go Into Probate?

Last Will and testament document with pen

How do I avoid probate on my house in Florida?
There are four primary ways to avoid probate in Florida:

  • Designate a beneficiary on an account.
  • Use a ladybird deed.
  • Living trusts.
  • Owning property as joint tenants with right of survivorship.

What is the Florida Lady Bird deed? A Florida Lady Bird deed, formally known as an Enhanced Life Estate Deed, is designed to allow property owners in Florida to transfer property to others automatically upon their death while maintaining use, control and ownership while alive.

Disadvantages to lady bird deeds in Florida include:
  • Lack of Asset Protection. A creditor of the current owner may place a lien on the property, other than a homestead, conveyed by a lady bird deed.
  • Constitutional Restrictions.
  • Unexpected Deaths.
  • Changes to the Estate Plan.

You for sure don’t want your estate or your house to go into probate. It can take a year or longer for the process to conclude.

What is the cost of probate in the state of Florida?

For estates of $40,000 or less: $1,500. For estates between $40,000 and $70,000: $2,250. For estates between $70,000 and $100,000: $3,000. For estates between $100,000 and $900,000: 3% of the estate’s value.

Do yourself a favor. Don’t waste the time and money of your loved ones on probate. Come in to see Ben Winter and get your will taken care of.

Ben Winter, P.A. focuses its practice in the areas of real estate law, Social Security Disability and Workers Compensation in St Petersburg, Florida.  For more information, go to our web site www.benwinterlaw.com or call (727) 822-0100.

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