Is Your Home Protected from the Probate Process?

One of the most common concerns we hear at Jurado & Associates is: “What will happen to my home when I am no longer here?” More specifically, many want to know if their property will be protected from the probate process.

Probate is the legal procedure through which a court validates a will, administers the estate, pays debts, and ultimately distributes assets to the heirs. While it is an important process to ensure the deceased’s wishes are fulfilled, it can also be lengthy, costly, and stressful for the family.

In Florida, whether your home is protected from this process depends on how the property is titled and the legal tools you use. In this article, we explain the key points to know if your home will be subject to probate and how you can protect it.

What does it mean for a home to be “subject to probate”?

When a property is solely titled in one person’s name (for example, “John Smith”) and that person passes away, the property must go through probate if there are no other mechanisms to avoid it.

This means that:

• The court must validate the will (if there is one).
• Debts and liens must be paid.
• Finally, the property is transferred to the authorized heirs.

This process can take months or even over a year and involves legal fees, court costs, and potential family conflicts.

When is your home protected and does NOT go through probate?

There are several legal ways for a property to avoid probate:

• Joint Ownership with Right of Survivorship
  If your home is titled in the names of two or more people with right of survivorship, when one person dies, the property automatically passes to the surviving co-owner(s) without going through probate.
  This mechanism is common among spouses or business partners.
• Revocable Living Trust
  Creating a living trust and transferring your property into that trust is a very effective way to avoid probate.
  When you pass away, the assets held in the trust transfer automatically to the beneficiaries you named, without court involvement.
• Lady Bird Deed (Enhanced Life Estate Deed)
  This is a tool that allows automatic transfer of property to a designated beneficiary upon your death, avoiding probate.
  This deed is popular in Florida because it lets you maintain full control of your property while you are alive.

What happens if you don’t use any of these tools?

If your home is not held in joint tenancy, not in a trust, and you don’t have a special deed, your property will have to go through probate, which can mean:

• Delays for your heirs in receiving the property.
• Additional expenses for attorneys, court fees, and other costs.
• Potential disputes among family members.
• Public exposure of your personal affairs since probate is a public process.

What options do you have to protect your home?

If you haven’t taken action yet, here are the most effective steps to protect your home from probate:

• Evaluate your property’s title: Review how your home is currently titled and whether you can add joint owners with right of survivorship.
• Consult an attorney to create a living trust: This is the most comprehensive tool to avoid probate and ensure smooth transfer of your estate.
• Consider a Lady Bird Deed: A simple and cost-effective way to protect the transfer without losing control.
• Plan comprehensively: Combine these tools with an updated will for complete estate planning.

Your home is likely one of your most valuable assets and protecting it from getting stuck in a prolonged legal process is essential for your peace of mind and that of your loved ones.

At Jurado & Associates, P.A., we guide you through every step to design the best legal strategy to protect your property and ensure your wishes are fulfilled without complications.

Want to know if your home is protected or how to do it?

Contact us today at [email protected] or call or WhatsApp us at +1 (305) 921-0976.
At Jurado & Associates, we are more than lawyers; we are your allies in protecting your legacy.