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Title Tag: How to Avoid Probate in Florida (2026): 6 Legal Methods — Complete Guide - ProbatePedia

Meta Description: Six Florida-specific methods to keep your estate out of probate — living trusts, Lady Bird deeds, beneficiary designations, joint ownership, and more. Includes Florida homestead law, Medicaid rules, and a method comparison table.

How to Avoid Probate in Florida (2026): 6 Legal Methods

Last Updated: March 2026 • Covers Florida Statutes Title XLII | Reading time: ~17 minutes

Why Avoid Florida Probate? The Real Costs

Florida has two probate tracks: Formal Administration (for estates where the decedent has been dead less than two years and the non-exempt estate exceeds $75,000) and Summary Administration (for smaller qualifying estates). Formal Administration is the full probate process. Here is what it actually costs:

| ContentTypical RangeContentNotes** | | --- | --- | --- | | Attorney fees (§733.6171 presumptive schedule) | 3% of first $1M + 2.5% of next $4M | Presumptively reasonable; attorney entitled to this amount on formal administration; can petition for more on extraordinary work | | Personal Representative fee | Same schedule as attorney fees | Personal Representative (executor) entitled to same compensation independently; can be waived | | Court filing fee (Circuit Court) | $400–$465 depending on county | Florida Statute §28.241; filing fee for formal administration petition | | Publication of Notice to Creditors | $75–$200 | Required publication in local newspaper; 3-month creditor claim period runs from first publication | | Certified copy costs (death certificates, letters) | $50–$200 | Multiple certified copies needed for institutions | | Appraisal / inventory costs | $300–$2,000+ | Probate inventory filed within 60 days; complex assets may require professional appraisal | | Bond premium (if required) | 0.5–1.5% of estate value annually | Required if will does not waive bond requirement or if no will; avoidable with proper planning | | Content~$45,000–$60,000+ combined fees** | Including attorney + Personal Representative fees at presumptive schedule, court, misc |

Beyond the direct costs, Florida formal administration takes 9 to 18 months on average. The 3-month creditor claim period alone — mandatory and non-waivable — means no assets can be distributed to heirs for at least three months from the first publication of notice. Contested estates, those with real estate to sell, or those involving business interests can easily take two to three years.

Florida Is a Retirement State — Which Makes Probate Planning Urgent:

Florida has the highest proportion of residents over 65 of any U.S. state. Many Florida homeowners are recent transplants from higher-cost states who sold their homes and hold significant financial assets. For this population, the combination of Florida's probate cost, the 3-month minimum creditor period, and the Medicaid estate recovery risk makes advance planning particularly valuable. A Lady Bird Deed or living trust created today can save a family $40,000 to $80,000 and 12 to 18 months of court delay.

METHOD 1 Revocable Living Trust

A revocable living trust is the most comprehensive probate-avoidance tool available to Florida residents. You create the trust, transfer your assets into it, manage it during your lifetime, and name a Successor Trustee who distributes the assets to your beneficiaries after death — without any court involvement.

Florida recognizes living trusts under the Florida Trust Code (Chapter 736, Florida Statutes). A Florida revocable trust can be created by any competent adult and takes effect immediately upon signing before two witnesses and a notary. Unlike some states, Florida requires two witnesses — not just notarization — for a valid trust declaration.

What a Florida Living Trust Covers

• Florida real property — transferred by recording a new deed in the county where the property is located
• Financial accounts — retitled in the trust's name or named as POD/TOD beneficiary
• Investment and brokerage accounts — retitled to trust
• Business interests (LLC membership, partnership interests, closely held stock)
• Personal property of significant value
• Out-of-state real property — handled by the Florida trust, eliminating ancillary probate in that state

Florida-Specific Advantages

Florida's trust law has several features that make living trusts particularly powerful in this state:

• Homestead compliance: A Florida homestead can be transferred into a revocable living trust without losing homestead tax exemption benefits or constitutional protections — provided the trust meets the requirements of Florida Statute §196.041(2). This is critical planning for Florida homeowners. See the homestead section below for details.
• Medicaid planning coordination: Assets in a revocable trust at death pass outside the probate estate. Florida Medicaid estate recovery applies only to assets passing through probate — making the living trust a key tool for protecting assets from Medicaid recovery claims after the beneficiary's death.
• Multi-state property: Florida retirees often own property in multiple states — a Florida condo plus a northern lake house or vacation home. A living trust covers all states in one document, eliminating the need for ancillary probate proceedings in each state.
• Incapacity management: Florida's guardianship proceedings — the equivalent of California's conservatorship — are expensive and court-supervised. A properly drafted living trust with clear incapacity provisions allows the Successor Trustee to manage affairs immediately without court involvement.

Cost and Setup

A Florida attorney-drafted living trust package (trust document, pour-over will, Durable Power of Attorney, Healthcare Surrogate designation, Living Will, deed for Florida real property, and Certificate of Trust) typically costs $1,500–$3,500 for an individual and $2,000–$5,000 for a married couple. Prices are significantly lower in Florida than in California, reflecting lower attorney overhead costs — particularly outside South Florida and Orlando metro areas.

Florida Requires Two Witnesses — Not Just Notarization:

Unlike some states, Florida requires a valid trust to be signed by the grantor in the presence of two witnesses AND a notary public. A trust signed before a notary but without two witnesses is not valid in Florida. This is a common error in DIY trust documents created using out-of-state templates. If you use a template or online service, verify that the execution requirements match Florida law (Florida Statutes §736.0403).

METHOD 2 Enhanced Life Estate Deed (Lady Bird Deed)

Florida does not have a statutory Transfer-on-Death (TOD) deed for real estate — unlike California, which enacted the TOD deed into statute in 2016. Instead, Florida uses the Enhanced Life Estate Deed, widely known as the Lady Bird Deed (named, informally, after President Lyndon Johnson used a similar instrument to convey property to Lady Bird Johnson).

The Lady Bird Deed is not created by Florida statute — it is a common law instrument recognized by Florida courts, title companies, and the Florida Department of Revenue. Despite lacking a specific statute, it is widely accepted, insurable, and routinely used by Florida estate planning attorneys.

How the Lady Bird Deed Works

A Lady Bird Deed transfers real property from the current owner (the grantor) to a named beneficiary — but only at death. During the grantor's lifetime, the grantor retains all rights to the property: the right to use it, rent it, mortgage it, sell it, or revoke the deed entirely and name a different beneficiary. No beneficiary consent is required for any of these actions.

When the grantor dies, the property passes automatically to the named beneficiary — without probate, without court, and without the 3-month creditor claim period. The beneficiary records a certified copy of the grantor's death certificate with the county Property Appraiser and Clerk of Court, and title transfers.

| ContentStandard Life Estate DeedContentEnhanced Life Estate Deed (Lady Bird)** | | --- | --- | --- | | Grantor can sell/mortgage without beneficiary consent | No — beneficiary (remainderman) must consent to any sale | Yes — grantor retains full control | | Grantor can change beneficiary without consent | No — changing beneficiary requires a new deed with remainderman's cooperation | Yes — grantor can revoke or change at any time by recording a new deed | | Probate avoidance at death | ContentYes — property passes automatically at death** | | Medicaid / estate recovery protection | No — Florida Medicaid may treat as a transfer for look-back purposes | Yes — does not trigger Medicaid look-back period; passes outside probate estate | | Step-up in tax basis at death | Only on remainder interest (grantor's share) | Full step-up on entire property at grantor's death | | Homestead exemption preservation | Must meet requirements; consult attorney | Yes — if beneficiary qualifies and claims exemption promptly |

Why the Lady Bird Deed Is Florida's Most Popular Single-Asset Tool

For Florida homeowners who want to protect their primary residence from probate without the cost and complexity of a full living trust, the Lady Bird Deed is the most commonly recommended first step. It:

• Eliminates probate on the home — the most valuable asset in most Florida estates
• Costs only $300–$600 in attorney fees plus recording fees (approximately $10–$20 for first page plus $8.50/additional page in most Florida counties)
• Protects the property from Medicaid estate recovery after death
• Preserves the homestead exemption for the beneficiary if they qualify and claim it
• Gives the grantor complete flexibility to change course — sell, refinance, or revoke at any time

Lady Bird Deed Limitation — Florida Property Only:

A Florida Lady Bird Deed covers only the specific Florida real property described in the deed. It does not cover financial accounts, personal property, out-of-state property, or any other asset. For a comprehensive probate-avoidance plan, a Lady Bird Deed for the home should be combined with beneficiary designations on all financial accounts. For estates with significant assets beyond real estate, a living trust is more appropriate.

METHOD 3 Beneficiary Designations — POD and TOD Accounts

Florida law allows financial accounts to pass directly to named beneficiaries at death — completely outside the probate estate. These designations are free to set up, take effect automatically at death, and do not require court involvement.

| ContentFlorida MechanismContentWhat Happens at Death** | | --- | --- | --- | | Bank accounts (checking, savings, CDs) | Payable-on-Death (POD) designation | Funds transfer directly to named beneficiary upon presentation of death certificate; no probate required | | Brokerage / investment accounts | Transfer-on-Death (TOD) designation | Account transfers directly to named beneficiary; securities retitled without court order | | IRA, 401(k), 403(b), pension plans | Beneficiary designation on plan documents | Assets distributed directly to named beneficiary under plan rules; entirely outside probate | | Life insurance | Beneficiary designation on policy | Death benefit paid directly to named beneficiary; does not pass through estate unless estate is named | | Annuities | Beneficiary designation on contract | Remaining value or death benefit paid directly to named beneficiary | | Florida 529 accounts | Successor participant designation | Account transfers to designated successor participant; specific to 529 plan rules |

Florida does not have a statutory TOD deed for real estate — so TOD designations apply to personal property and financial accounts only, not to real property. For real estate, use a Lady Bird Deed or living trust.

The Beneficiary Audit — Do This Now:

Pull out every account statement and insurance policy you own. Look at who is currently named as beneficiary. Common problems found in Florida estate reviews: accounts with no beneficiary named (defaults to the estate, triggers probate), an ex-spouse still named after a divorce, a deceased person still listed, or a minor child named without a custodian designated under the Florida Uniform Transfers to Minors Act. Updating beneficiary designations is free, takes 15 minutes per account, and can prevent probate on hundreds of thousands of dollars of assets.

Naming a Minor as Beneficiary — The Florida Problem

In Florida, a minor (under 18) cannot legally receive an inheritance of more than $15,000 without court involvement. If you name a minor child or grandchild as a direct beneficiary of a financial account or life insurance policy and the amount exceeds $15,000, the funds will be held by the court in a guardianship proceeding until the child turns 18 — at which point the entire balance is distributed outright, regardless of the child's financial maturity.

The solution: name a trust (with specific provisions for the child) or a custodian under the Florida Uniform Transfers to Minors Act (FUTMA) as beneficiary instead. An estate planning attorney can structure this correctly.

METHOD 4 Joint Ownership with Right of Survivorship

When two or more people own property jointly with right of survivorship, the surviving owner automatically inherits the deceased owner's share at death — without probate. Florida recognizes two primary forms of joint ownership that carry survivorship rights:

Joint Tenancy with Right of Survivorship (JTWROS)

Any two or more people can own property as joint tenants with right of survivorship. When one owner dies, the survivors automatically own the entire property. For real estate, the surviving owner records a certified copy of the death certificate with the county clerk to document the transfer — no court required.

Joint tenancy must be explicitly stated in the deed or account titling — Florida does not presume joint tenancy. The deed or account must state "as joint tenants with right of survivorship" or "JTWROS."

Tenancy by the Entirety — Florida's Strongest Joint Ownership

Available only to legally married couples, Tenancy by the Entirety (TBE) is Florida's most powerful form of joint ownership. It provides survivorship rights identical to JTWROS — the surviving spouse automatically inherits the property at death — but adds a critical additional benefit: complete asset protection from the creditors of either individual spouse.

Under TBE, a creditor of one spouse cannot force a sale of TBE property to satisfy that spouse's individual debts. Both spouses must consent to any transfer or encumbrance of TBE property. This makes TBE ownership particularly valuable for Florida married couples who own a home and have any individual liability exposure — professionals, business owners, or anyone with personal guarantees.

| ContentJTWROSContentTenancy by the Entirety** | | --- | --- | --- | | Who can use it | Any two or more parties | Married couples only | | Survivorship at death | ContentYes — automatic** | | Protection from individual creditors | No — creditor of one owner can reach their share | Yes — neither spouse's individual creditor can reach TBE property | | Both parties must consent to sale/mortgage | Yes | Yes | | Terminates on divorce? | No — converts to tenancy in common | Yes — automatically converts to tenancy in common at divorce | | Applies to real property? | Yes | Yes | | Applies to financial accounts? | Yes (for bank accounts) | Yes — many FL banks offer TBE titling for married couples |

Joint Ownership Does NOT Replace Estate Planning:

Joint ownership avoids probate only for that specific jointly owned asset — and only for the first death. When the surviving spouse dies, the property is now in their name alone and will go through probate unless they have done their own planning. A surviving spouse who inherits the home via TBE and does nothing further has recreated exactly the probate problem they avoided. A living trust or Lady Bird Deed for the surviving spouse is still necessary.

Joint Ownership and the Gift Tax

Adding a non-spouse to a deed as a joint tenant is a completed gift for federal gift tax purposes. In 2026, the annual gift tax exclusion is $19,000 per recipient. Adding an adult child to a $500,000 deed as a 50% joint tenant constitutes a $250,000 taxable gift — potentially requiring a gift tax return, though the lifetime exemption of $15,000,000 (per One Big Beautiful Bill, effective 2026) means no actual tax will be due for most families. Consult a tax advisor before adding someone to a deed as a joint owner.

METHOD 5 Summary Administration — Florida's Small Estate Shortcut

Summary Administration is not a probate-avoidance tool — it is a simplified probate procedure. But for qualifying estates, it is dramatically faster and less expensive than formal administration, and worth including in any discussion of alternatives to full probate.

When Summary Administration Is Available

A Florida estate qualifies for Summary Administration if either of the following is true:

• The decedent has been dead for more than two years. After two years, a Florida estate can use Summary Administration regardless of its value — because the creditor claim period has expired.
• The value of the estate subject to administration does not exceed $75,000. Exempt assets — including the Florida homestead, exempt personal property up to $1,000, and certain other exemptions — are not counted toward this $75,000 threshold.

How Summary Administration Works

Unlike Formal Administration, Summary Administration does not require the appointment of a Personal Representative (executor). Instead, all known creditors must be identified, any valid creditor objections resolved, and a Petition for Summary Administration filed with the Circuit Court. If the court approves the petition, it issues an Order of Summary Administration directing the transfer of assets.

The process typically takes 4 to 8 weeks for an uncontested Summary Administration, compared to 9 to 18 months for Formal Administration. Attorney fees are not governed by the §733.6171 presumptive schedule for Summary Administration — attorneys typically charge a flat fee of $1,500–$3,500 for a straightforward summary proceeding.

The $75,000 Threshold Excludes the Homestead — Critical Point:

Florida's homestead is exempt from administration under Florida law. The value of the homestead is NOT counted toward the $75,000 Summary Administration threshold. This means an estate with a $400,000 home and $70,000 in financial accounts qualifies for Summary Administration — the $70,000 in accounts is the only amount counted. For many Florida families where the home is the primary asset, this makes Summary Administration available even when the total estate is far above $75,000.

METHOD 6 Lifetime Gifting and Irrevocable Trusts

Any asset you give away during your lifetime — within applicable rules — is no longer part of your estate at death and cannot be subject to probate. Florida residents use two primary gifting strategies:

Annual Exclusion Gifts

The federal annual gift tax exclusion allows you to give up to $19,000 per person per year (2026) without filing a gift tax return or using any of your lifetime exemption. A married couple can combine their exclusions to give $38,000 per recipient per year. Over a decade, a couple with three children can transfer $1,140,000 out of their estate entirely tax-free through annual exclusion gifts alone.

Lifetime gifts reduce probate exposure in direct proportion to how much they reduce the estate — every dollar that leaves the estate before death is a dollar that cannot be subject to probate fees or Medicaid estate recovery.

Irrevocable Trusts for Medicaid Planning

For Florida seniors who anticipate needing Medicaid-funded long-term care, an irrevocable Medicaid Asset Protection Trust (MAPT) — established at least five years before applying for benefits — can protect assets from both Medicaid eligibility rules and estate recovery after death. Unlike a revocable trust (which counts toward Medicaid eligibility), assets in a properly structured MAPT are excluded from eligibility calculations after the five-year look-back period.

MAPTs are complex and must be established well in advance of any Medicaid need. They are not appropriate for everyone and require specialized elder law planning. But for Florida residents with moderate assets who anticipate long-term care needs, they are one of the most powerful planning tools available.

Florida Medicaid Look-Back — Five Years:

Florida Medicaid's look-back period for long-term care eligibility is five years (60 months). Any asset transfer for less than fair market value during that period may result in a penalty period of Medicaid ineligibility. This means Medicaid asset protection planning must start at least five years before you expect to need nursing home care — and ideally much earlier. A Lady Bird Deed does NOT trigger the Medicaid look-back period, making it a powerful tool for protecting the home specifically.

All 6 Methods Compared

| ContentWhat It CoversContentUpfront CostContentCourt Required?ContentIncapacity ProtectionContentMedicaid Protection at Death** | | --- | --- | --- | --- | --- | --- | | ContentNoneContentYes — Successor Trustee steps inContentYes — passes outside probate estate** | | ContentNoneContentYes — passes outside probate estate** | | ContentNoneContentYes — for accounts with valid designations** | | ContentNone** | No | Partial — first death only; surviving owner's estate still at risk | | Summary Administration | Entire estate if ≤ $75K non-exempt assets OR death 2+ years ago | $1,500–$3,500 (attorney flat fee) | One petition — Circuit Court | No | No — assets still pass through court proceeding | | ContentYes — given-away assets are not in estate** |

Florida-Specific Issues Every Resident Must Know

The Florida Homestead — The Most Complex Issue in Florida Estate Planning

Florida's Homestead law is a constitutional protection (Article X, Section 4, Florida Constitution) that affects estate planning in ways that are unique to Florida and frequently misunderstood. It operates on two levels:

• Creditor protection during life: A Florida homestead is fully protected from forced sale by creditors (with limited exceptions for mortgage lenders, property tax liens, and contractor liens). This protection applies automatically — no registration required.
• Descent restrictions at death: If the decedent is survived by a spouse or minor children, the homestead CANNOT be freely devised by will. The surviving spouse has a constitutional right to a life estate in the homestead (with remainder to the decedent's descendants), OR — at the surviving spouse's election — an undivided one-half interest. Minor children have additional protections. These restrictions apply regardless of what the will says.

⚠ Homestead and the Living Trust — §732.4015 Does NOT Override Constitutional Restrictions:

Important correction: Florida Statute §732.4015 extends homestead descent restrictions to trusts — the constitutional limitations on devising homestead property are NOT eliminated simply by placing the property in a revocable living trust. If a grantor dies with a homestead held in a trust and is survived by a spouse or minor children, the constitutional restrictions still apply. A living trust provides superior flexibility for single persons and for married couples with adult children only, but does NOT override the constitutional homestead protections for a surviving spouse or minor children. Married couples with blended families or minor children should consult a Florida estate planning attorney about the interaction of trust planning with homestead rights before assuming a trust resolves this issue.

Florida Homestead and the Lady Bird Deed

A Lady Bird Deed can be used for a Florida homestead — but the descent restrictions still apply. If the grantor is survived by a spouse or minor children at death, the constitutional restrictions may limit the beneficiary's ability to take full title, regardless of what the Lady Bird Deed says. For homesteads in blended family situations, a living trust with proper homestead trust provisions is the more reliable solution.

Florida Has No State Estate or Inheritance Tax

Florida does not impose a state estate tax, inheritance tax, or gift tax. The only estate tax applicable to Florida residents is the federal estate tax, which applies to estates over $15,000,000 per individual in 2026 (per the One Big Beautiful Bill, Public Law 119-21, signed July 4, 2025; married couples have a combined $30,000,000 exemption). For the vast majority of Florida families, estate tax planning is not a concern.

Florida Medicaid Estate Recovery — Why Non-Probate Transfers Matter

Florida participates in the federal Medicaid Estate Recovery Program (MERP). After a Medicaid recipient dies, the state can file a claim against the recipient's estate to recover the cost of benefits paid. In Florida, estate recovery applies only to assets passing through the probate estate — not to assets passing via Lady Bird Deed, living trust, beneficiary designations, or joint ownership with right of survivorship.

This means that properly structured non-probate transfers protect the family home and financial assets from Medicaid recovery claims. For Florida seniors who are receiving or may receive Medicaid long-term care benefits, this is one of the most financially significant reasons to use a Lady Bird Deed or living trust for all significant assets.

Florida's Elective Share — Protecting Surviving Spouses

Florida law provides that a surviving spouse is entitled to an "elective share" of the decedent's estate equal to 30% of the "elective estate" (Florida Statute §732.2065). The elective estate is broadly defined and includes not only probate assets but also assets in revocable trusts, accounts with payable-on-death designations, jointly held assets, and certain other transfers.

This means that even comprehensive probate avoidance planning cannot entirely disinherit a surviving spouse — they retain the right to claim 30% of the total elective estate regardless of how assets are structured. Estate planning for married couples should account for this elective share right to avoid inadvertent disinheritance or unintended litigation.

Frequently Asked Questions

Does Florida have a Transfer-on-Death deed for real estate?

No. Florida does not have a statutory Transfer-on-Death deed for real estate, unlike California and many other states. The functional equivalent in Florida is the Enhanced Life Estate Deed (Lady Bird Deed), which achieves the same result — automatic transfer at death without probate — through a different legal mechanism. Lady Bird Deeds are widely accepted by Florida courts, title companies, and the Florida Department of Revenue, but they are based on common law rather than a specific statute.

Can I avoid probate on my Florida home without a living trust?

Yes. A Lady Bird Deed achieves probate avoidance on your home without the cost and complexity of a full living trust. It costs $300–$600 in attorney fees plus minimal recording costs, gives you complete control over the property during your lifetime, and passes the home directly to your named beneficiary at death without any court involvement. For homeowners who want to protect the home but are not ready for a full trust, the Lady Bird Deed is the recommended starting point. Combine it with beneficiary designations on all financial accounts for comprehensive coverage.

Is a living trust or Lady Bird Deed better for a Florida homestead?

For a primary homestead, this is one of the most fact-specific questions in Florida estate planning. Florida Statute §732.4015 extends homestead descent restrictions to trusts — placing the homestead in a revocable living trust does NOT automatically give you freedom to devise it to whomever you choose if you are survived by a spouse or minor children. A living trust is still valuable for avoiding probate on the home and for incapacity planning — but the constitutional homestead restrictions follow the property into the trust. For single persons or married couples with adult children only and no blended family complications, a living trust provides flexible, probate-free disposition of the homestead. For any situation involving a surviving spouse, minor children, or blended family, consult a Florida estate planning attorney before assuming a trust resolves the homestead issue. A Lady Bird Deed for single persons with simple succession needs is often sufficient and significantly cheaper.

How long does Florida probate take if I don't plan?

Florida Formal Administration — the full probate process — takes a minimum of 9 to 12 months in most counties, primarily due to the mandatory 3-month creditor claim period (from first publication of Notice to Creditors) that cannot be waived or shortened. Complex estates with real estate sales, creditor disputes, will contests, or business interests routinely take 18 months to 3 years. During this period, estate assets are generally frozen and unavailable to heirs. Summary Administration (for qualifying small estates) typically takes 4 to 8 weeks.

What happens to my Florida home if I die without any planning?

If you die as the sole owner of a Florida home with no living trust, no Lady Bird Deed, and no joint owner with survivorship rights, the home goes through Formal Administration in the county where it is located. The court appoints a Personal Representative (executor), the estate is inventoried, creditors are notified and given three months to file claims, and the home is ultimately distributed to your heirs under your will — or under Florida intestate succession law if you have no will. The process takes 9 to 18+ months and costs 3–6%+ of the home's value in professional fees. If you are survived by a spouse or minor children, Florida's homestead descent restrictions may limit who can receive the property.

Can a Florida resident use an out-of-state trust document?

Florida recognizes trusts validly created under the laws of another state — if you move to Florida with a California or New York living trust, Florida will generally recognize it. However, the trust should be reviewed by a Florida estate planning attorney to ensure: (1) the execution requirements were met in the state where it was signed, (2) any Florida real property is properly deeded into the trust, (3) Florida homestead provisions are addressed, and (4) the trust's trustee powers comply with Florida law. A Florida attorney can add a Florida-specific amendment (called a "situs" amendment) to update the trust for Florida law without re-executing the entire document.

Your Florida Probate Avoidance Action Plan

Based on your situation, here is where to start:

| ContentRecommended First Step** | | --- | --- | | You own a Florida home and have a simple family situation (no blended family, no minor children) | Lady Bird Deed + beneficiary designations on all accounts — total cost under $700; eliminates probate on all major assets | | You own a Florida home and have a surviving spouse, minor children, or blended family | Revocable Living Trust — avoids probate and provides incapacity planning, but note: homestead constitutional restrictions still apply under §732.4015; consult a Florida attorney on homestead devise strategy | | You own real property in Florida and at least one other state | Revocable Living Trust — single document handles all states, eliminates ancillary probate | | You are a Florida senior receiving or likely to need Medicaid | Lady Bird Deed for the home (does not trigger look-back) + consult elder law attorney about MAPT for other assets | | You have minimal assets (under $75,000 non-exempt, no real estate) | Beneficiary designations on all accounts + simple will for personal property; Summary Administration available if needed | | Your family member has recently died — no advance planning was done | Assess whether Summary Administration is available ($75K threshold or 2+ years); otherwise Formal Administration — consult a Florida probate attorney |

Ready to Protect Your Florida Estate?

→ Florida Lady Bird Deed Guide — complete how-to with Florida county recording instructions

→ Florida Revocable Living Trust — Complete Guide

→ Florida Homestead Law and Estate Planning — full analysis

→ Find a Florida Estate Planning Attorney — Free Initial Consultation

✅ Data Verified — March 2026

• Summary Administration threshold ($75,000) — confirmed per §735.201(1)(b); stable; no 2024–2025 amendments

• §733.6171 attorney fee schedule (3% / 2.5% / 2% / 1.5%) — confirmed unchanged; no 2024–2025 amendments

• Florida court filing fees ($400–$465) — confirmed per §28.241; base ~$395 + local surcharges; varies by county; article range is accurate

• Lady Bird Deed Medicaid look-back exemption — confirmed: does NOT trigger 60-month look-back; established DCF/AHCA policy; no 2026 changes

• Florida Medicaid estate recovery — confirmed limited to probate estate only per §409.9101; no expansion to non-probate transfers

• Minor beneficiary limit ($15,000) — confirmed per §744.301(2) & §744.387; stable

• Federal estate tax exemption ($15M) — confirmed per One Big Beautiful Bill (Public Law 119-21, July 4, 2025)

• Annual gift tax exclusion ($19,000) — confirmed for 2026; unchanged from 2025

• Florida Statute §732.4015 — CORRECTION applied in article: homestead descent restrictions extend INTO trusts; trust does NOT override constitutional protections for surviving spouse/minor children

• Florida elective share (30%) — confirmed §732.2065 unchanged

probatepedia.com · /florida/avoid-probate/ · FL-1 of 8 · v1.1 March 2026 · Data verified