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What may sound like a simple question is actually quite complex. The short answer is that probate is not always required after someone passes away in Florida.

The process that occurs after someone passes away might include probate and/or trust administration. There’s always something that needs to be done. There are essentially three over-arching steps.

A person or entity granted administrative control of a trust is called a trustee. If you have been appointed as a trustee in the Sunshine State of Florida, you have obligations under the law regarding administration of the trust.

Many people retire to Florida because it has the reputation of being a tax friendly state. For example, there are no state income taxes in Florida, which means pensions and retirement plans are free from taxes.

A living will is a written directive that allows you to state your wishes regarding what sort of end-of-life care you want to receive. Florida law recognizes the right of any capable adult to create a living will, which can then be used if that person becomes incapacitated and unable to communicate their wishes to their doctor and loved ones.