Law Offices of Frye & Vazquez, P.L.
Call Today. 305-508-5749 | 877-421-5473

Probate can be avoided with careful planning

The goal of avoiding probate is near the top of the list for many Florida residents when establishing their estate plans. And while it is typically desirable to do so, probate is not necessarily a negative process and at times may be useful. For example, where there is a dispute regarding creditors of the estate or among the heirs or beneficiaries, probate can be the proper forum for resolution. However, where an expedited process of settling the estate as economically as possible is desired, there are ways to avoid probate.

Absent some controversy requiring the probate court's supervision, the primary reason probate would be required is to change title from the decedent to the intended beneficiary and otherwise supervise the distributions to be made under terms of the decedent's will. And, of course, probate is required in situations of intestacy where there is no will. Probate can be time consuming, is a public matter, and is subject to statutory fees that are deducted from the estate.

There are several options to avoid probate, and one is to hold assets such that they are considered not subject to the process. Property held in joint title with a right of survivorship goes immediately to the survivor upon the death of the first. Similarly, monetary accounts held where a pay on death beneficiary has been designated is not subject to probate. Any asset properly held in a trust is distributed as per the terms of the trust without need for the probate court's supervision.

There are many options available for people who contemplating how they wish their estate to be handled once they die. An estate planning lawyer can provide guidance and counsel to ensure that a client's final wishes are respected.

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... - Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
  • Massachusetts Bar Association
  • The Florida Bar 1950
  • CFP
  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
Email Us For a Response

Contact Us For Personal Attention To Your Legal Matter

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

Get In Touch With Us
20900 W. Dixie Highway
Miami, FL 33180

Toll Free: 877-421-5473
Phone: 305-508-5749
Map & Directions