Though there are rare ocassions where claims can be enforced, it is simply that … rare.

What does this mean to a probate petitioner?

1. A Notice to Creditors need not be published (saving anywhere from $100 to $300 on publication costs).

2. Summary Administration is generally available (short form probate).

3. No waiting 90 days for the creditor period to expire before assets are distributed.

Please don’t misunderstand. There are plenty of reasons to pursue probate even if it has been less than 2 years since the date of death, but the 2 year rule is always a welcome situation.

Trusts do NOT avoid probate if the trust (revocable trust or living trust) was not funded properly before the death of the decedent.

For example, if mom created a Living Trust and all of her life insurance, bank accounts and other assets were paid out to the trust when she died (via a beneficiary designation), except for her house, the house would need to go through probate administration (albeit a relatively simple administration.)

Bottom line: Don’t assume that just because mom or dad had a trust, probate in Florida is completely avoided.