When a loved one passes away in Florida, their estate usually goes through a court-supervised process known as probate. Probate ensures debts are paid and assets are distributed to heirs. While probate serves an important function, it can also be time-consuming, public, and costly. For families in Bradenton, taking steps now can help your loved ones avoid probate later and provide peace of mind for the future.

At McNary Law, we guide families through estate planning strategies designed to minimize or completely avoid probate whenever possible. Many of these services can be handled remotely, saving you time and travel.

What Is Probate in Florida?

Under the Florida Probate Code (Chapters 731–735, Florida Statutes), probate is the legal process of identifying assets, paying creditors, and distributing what’s left to beneficiaries. If someone dies with a will, the will must be filed with the court, and a personal representative is appointed to manage the process. If there is no will, the estate is divided according to Florida’s intestate succession laws.

Florida offers two primary types of probate:

Formal Administration: The standard process for larger estates, often lasting months to over a year.
Summary Administration: A simplified process for estates under $75,000 or when the decedent has been dead for more than two years.

Why Do Families Want to Avoid Probate?

While probate is sometimes unavoidable, most families would prefer to steer clear of it because:

It can be expensive due to court costs and attorney’s fees.
It is a public process, meaning estate details become part of the public record.
It can delay inheritance, leaving loved ones waiting months or years to receive assets.

Strategies Bradenton Families Can Use to Avoid Probate

1. Create a Revocable Living Trust

One of the most effective tools is a revocable living trust. Assets placed into the trust during your lifetime pass directly to beneficiaries without probate. Florida’s Trust Code (Chapter 736) gives you flexibility in how you structure and manage your trust.

2. Use Beneficiary Designations

Certain accounts—like retirement accounts, life insurance, and payable-on-death (POD) bank accounts—allow you to name a beneficiary. Under the Florida Uniform Disclaimer of Property Interests Act (Chapter 739), beneficiaries also have rights to disclaim interests if needed. By keeping designations up to date, you ensure assets transfer outside probate.

3. Hold Property Jointly

Joint tenancy with rights of survivorship or tenancy by the entirety (for married couples) allows property to transfer automatically to the surviving owner without probate.

4. Take Advantage of Exempt Property

Florida law provides certain property exemptions, such as homestead property and personal property allowances. These assets pass outside probate, but proper planning ensures they’re protected.

5. Use Small Estate Procedures

If probate is unavoidable, Summary Administration may be available to reduce costs and delays if the estate qualifies.

6. Plan for Digital Assets

Today, many of our valuable assets are digital. Florida law recognizes the right to plan for digital assets through the Florida Fiduciary Access to Digital Assets Act (Chapter 740). By authorizing access, you help loved ones avoid legal hurdles when managing online accounts.

7. Establish Advance Directives

Documents like a health care surrogate designation or durable power of attorney (under Chapter 765) can prevent the need for court involvement during incapacity. While not directly probate-related, they play a critical role in overall estate planning.

Common Questions About Avoiding Probate

Do I still need a will if I have a trust?
Yes. A will—often called a “pour-over will”—catches any assets not already in your trust and directs them into it.

Is avoiding probate only for wealthy families?
Not at all. Families of all income levels benefit by saving time, costs, and stress.

Can probate be avoided completely?
With careful planning, most assets can pass outside probate. However, every family’s situation is unique.

Why Work With McNary Law?

At McNary Law, we believe estate planning is about compassionate problem-solving and protecting families from unnecessary stress. Our attorneys understand Florida probate law and help Bradenton, Sarasota, and Lakewood Ranch families create customized plans to avoid probate whenever possible.

We also offer remote consultations, so you can take care of your estate planning needs from the comfort of your home.

Take the Next Step

Planning ahead is the best gift you can give your loved ones. If you’d like to explore how to avoid probate and protect your family’s future, we’re here to help.

Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.