By Cynthia Arevalo, Esq., Florida Estate Planning, Elder Law & Probate Attorney | Updated October 2026 Not necessarily. If a deceased person's assets have valid beneficiaries or pass automatically by survivorship, probate may not be required for those assets. But even one asset owned only in the deceased person's name, with no beneficiary or other transfer method, may require Florida probate. Which Assets Can Avoid Probate in Florida? A bank account with a valid payable-on-death beneficiary...

By Cynthia Arevalo, Esq., Florida Estate Planning, Elder Law & Probate Attorney | Updated October 2026 You can give money to your children, but if you may need Florida Medicaid long-term care, a gift can create a period of ineligibility. Florida generally reviews transfers made during the 60 months before an application for certain long-term care Medicaid benefits. What Is the Florida Medicaid 5-Year Lookback? When someone gives away money, transfers property for less than fair value, or...

By Cynthia Arevalo, Esq., Florida Estate Planning, Elder Law & Probate Attorney | Updated October 2026 If you are deciding between a Will and a Revocable Living Trust in Florida, the key difference is simple: a Will does not avoid probate. Assets properly transferred to a Revocable Living Trust can generally be managed by your successor Trustee without probate. Does a Will Avoid Probate in Florida? A Will tells the probate court who should receive your probate assets and who you want to serve...