How can I transfer real estate without probate?
In Florida, transferring real estate without going through probate is achievable with careful estate planning. Generally, probate is a process that validates a person’s will and oversees the distribution of assets. The most straightforward way to avoid probate is to own the property with another person through joint tenancy with right of survivorship (JTWROS). With this type of ownership, when one homeowner passes away, the remaining homeowner will automatically become the sole owner of the property. Another way to avoid probate is to establish a living trust. A living trust is an agreement legally created, and it allows the homeowner to transfer the ownership of the property to the trust. This process often does not require a probate hearing. A third option of avoiding probate is to create a transfer on death (TOD) or beneficiary deed. This type of deed is only effective when the owner dies, and it automatically transfers the ownership of the property to the named beneficiary. For Florida residents, there are estate planning strategies that can help them avoid probate. The strategies must be carefully planned, and it is always best to consult a qualified lawyer for the creation of the legal documents.
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