Florida Probate and How Boca Raton Retirees Can Avoid It

Probate is the court-supervised process of settling a deceased person’s estate, paying valid debts, and distributing what remains. In Palm Beach County, probate runs through the Florida Probate Code, Chapters 731 through 735. For Boca Raton retirees, and especially snowbirds with property in two states, understanding probate is the first step toward planning around it.

Two Types of Administration

Florida offers two main paths. Summary administration is a streamlined process available when the value of the probate estate (excluding exempt property like homestead) is $75,000 or less, or when the person has been deceased for more than two years. Formal administration is the standard, fuller process used for larger estates and for deaths within the past two years. Formal administration involves appointing a personal representative who manages the estate under court oversight.

What Goes Through Probate

Only assets titled in the deceased person’s sole name without a beneficiary or survivorship feature pass through probate. Accounts with a named beneficiary, jointly owned property with rights of survivorship, and assets held in a trust generally avoid it. This distinction is the key to most probate-avoidance planning.

The Snowbird Problem: Ancillary Probate

If you are a Florida resident who also owns real estate in another state, that out-of-state property may require its own separate probate, known as ancillary administration, in addition to your Florida estate. For seasonal residents this can mean two courts, two sets of timelines, and two sets of costs. Avoiding this duplication is a common planning goal in Boca Raton.

Ways to Avoid Probate

Several tools can keep assets out of probate. A funded revocable living trust under Chapter 736 holds property so it passes by the trust’s terms. Beneficiary and payable-on-death designations route accounts directly to named people. For Florida real estate, a Lady Bird deed (an enhanced life estate deed) lets you keep full control of your home during life while it passes automatically to a named beneficiary at death, avoiding probate of that property. Joint ownership with rights of survivorship is another option, though it carries trade-offs worth discussing.

Homestead in Probate

Your Florida homestead receives special treatment. Under Article X, section 4 of the Florida Constitution, homestead is generally protected from most creditors and passes outside the usual probate estate, but specific descent rules apply when there is a surviving spouse or minor child. A plan should account for these rules rather than assume the home passes like any other asset.

When Probate Is Unavoidable

Even with good planning, some probate may still be needed for forgotten or sole-name assets. A clear, funded plan keeps that residue small and manageable for your family.

This page is educational and not legal advice. Probate procedures are technical and deadlines matter, so consult a licensed Florida attorney about your specific estate.