Legal Question in Wills and Trusts in Florida

What is minimum amount of assets allowed to avoid probate?

Asked on 9/10/13, 11:37 am

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

All assets in the name of the decedent alone require probate. There are some dispositions of personal property which require less filing fees and costs. Seek legal help.

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Answered on 9/10/13, 11:39 am
Joseph Justice The Justice Law Firm

There is not a set minimum or maximum. It depends heavily on the types of assets. Your best bet is to consult a lawyer. If you need more clarification the Florida bar has a basic explanation of the types of probate and when they apply available on the Bar's website.

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Answered on 9/10/13, 11:41 am

As the other answers have indicated, there is not a minimum or maximum. Rather it is the classification of the property. For instance, proceeds from a life insurance policy with a named beneficiary (as long as the beneficiary is still living) would not go through probate. A probate attorney can best tell you which assets will need to go through probate. Also, there are different forms of probate (e.g., disposition of personal property, summary administration, formal administration). If you are planning for your own assets, and one of your objectives is to avoid probate, you should consult with an attorney that does estate planning.

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Answered on 9/10/13, 6:03 pm


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