02/17/2026
In Florida, having an original will does not avoid probate; in fact, a will is a document that instructs the probate court on how to distribute assets. While the original will is essential to streamline the court-supervised process, only tools like revocable living trusts, joint ownership, or beneficiary designations can completely bypass probate.
**Key Points on Florida Wills and Probate***
Original Needed: Florida courts typically require the original, signed will to be filed. A copy makes probate much more complex, requiring additional procedures to prove its validity.
Will vs. Probate: A will guarantees that the estate will pass through the court process (probate) to settle debts and transfer assets.
Alternatives to Avoid Probate: To avoid probate entirely in Florida, assets should be placed in a revocable living trust.
Other Methods:
Joint Ownership: Property held as "joint tenants with right of survivorship" (JTWROS) or "tenants by the entirety" (for spouses).
Beneficiary Designations: "Pay on death" (POD) or "transfer on death" (TOD) bank accounts, and life insurance policies.
Lady Bird Deeds: A special type of deed used to transfer real estate upon death.
Small Estates: If the estate value is under $75,000, a "Summary Administration" may be used, which is a faster form of probate.
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