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This requires several steps: Petition the court to open the estate. The probate attorney will prepare a document called a petition to file with the court to open the estate. ... File proof of decedent's death. ... File oath of office. ... Designate resident agent. ... Furnish bond. ... Serve notice of administration.
Options to avoid probate include simplified probate (Summary Administration), creating living trusts, joint ownership or joint tenancy, making gifts, using Florida ?Lady Bird? deeds, transfer-on-death registration for securities, payable-on-death designations for bank accounts, and beneficiary designations for life ...
Florida law does not require the person who requests a summary administration of a Florida estate to have a lawyer. The interested person can go down to the courthouse and file the request for the summary administration without any attorney.
One of the most common ways of avoiding probate is to establish a living trust. Any assets you own, whether real estate, bank accounts, cars, or personal items, can be put into a living trust. A living trust resembles a will, appointing a trustee to take over on your death.
If property, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or joint owners, probate is unnecessary. However, without a will or trust all assets must pass through probate court if no beneficiary or joint owner is named.