Quick answer: In Florida, assets subject to probate include individually owned real estate, sole-name bank accounts, vehicles and personal property without beneficiary designations, business interests, and stocks or bonds lacking transfer-on-death instructions. Assets with named beneficiaries, joint ownership, or trust protection typically bypass probate entirely.
Losing a loved one is hard enough without navigating the legal maze that often follows. For Florida residents, understanding probate is essential—not just for those settling an estate, but for anyone planning their own. Knowing which assets pass through Florida’s probate court, and which don’t, can save families months of delays and thousands of dollars in unnecessary costs.
This guide breaks down exactly what property is subject to probate in Florida, what falls outside the process, and how strategic estate planning can help you minimize probate involvement altogether.
What Is Probate in Florida?
Probate is the court-supervised legal process of distributing a deceased person’s assets and settling their debts. In Florida, this process is governed by Chapter 733 of the Florida Statutes and typically takes place in the circuit court of the county where the deceased person lived.
The Florida probate process generally involves:
- Filing a petition with the probate court
- Appointing a personal representative (executor) to manage the estate
- Identifying and inventorying estate assets
- Notifying creditors and settling outstanding debts
- Distributing remaining assets to beneficiaries or heirs
Florida offers two main types of probate administration: formal administration, used for larger or more complex estates, and summary administration, a streamlined option available when the estate is valued at $150,000 or less (excluding exempt property) or when the deceased has been gone for more than two years.
Understanding probate matters because it directly affects how quickly heirs receive their inheritance, how much the estate spends on legal and court fees, and how much privacy the family retains (probate records are public).
What Assets Are Subject to Probate in Florida?
Not all property automatically goes through probate. Generally, assets titled solely in the deceased person’s name—without a beneficiary designation or co-owner—must pass through the Florida probate process.
Individually Owned Real Property
Real estate titled solely in the deceased’s name, without a spouse or co-owner listed, typically requires probate before it can be transferred to heirs. This includes rental properties, vacant land, and second homes located in Florida.
Bank Accounts and Financial Accounts Held in Sole Name
Checking accounts, savings accounts, and other financial accounts held only in the deceased’s name—without a payable-on-death designation or joint owner—are subject to probate.
Vehicles and Personal Property Without Designated Beneficiaries
Cars, boats, furniture, jewelry, and other personal belongings without a named beneficiary or transfer-on-death designation generally fall under the probate estate.
Business Interests and Partnerships
Ownership stakes in sole proprietorships, partnerships, or closely held corporations often require probate to transfer control or ownership, unless the business has a succession plan or buy-sell agreement in place.
Stocks and Bonds Without Transfer-on-Death Designations
Investment accounts and individual securities held solely in the deceased’s name, without a transfer-on-death (TOD) designation, must go through probate before they can be reassigned to heirs.
What Assets Are NOT Subject to Probate in Florida?
Fortunately, several categories of assets bypass the probate process entirely, allowing for a faster and more private transfer of wealth.
Property Held in Joint Tenancy With Rights of Survivorship
When property is titled with “rights of survivorship,” ownership automatically transfers to the surviving co-owner upon death—no probate required.
Accounts With Designated Beneficiaries
Life insurance policies and retirement accounts, such as 401(k)s and IRAs, pass directly to named beneficiaries outside of probate.
Transfer-on-Death Accounts and Securities
Under Florida Statute 711.50, brokerage accounts and securities with a TOD designation transfer directly to the named beneficiary without court involvement.
Property Held in a Revocable Living Trust
Assets titled in the name of a revocable living trust avoid probate because the trust—not the individual—technically owns the property. Upon death, the successor trustee distributes assets according to the trust’s terms.
Assets With a Payable-on-Death Designation
Similar to TOD accounts, payable-on-death (POD) designations on bank accounts allow funds to transfer directly to a named recipient upon the account holder’s death.
How Can You Minimize Probate Assets in Florida?
Reducing the number of assets subject to probate can save your family significant time, money, and stress. Consider these proactive strategies:
- Choose a living trust if avoiding probate delays and maintaining privacy matters most. A revocable living trust allows you to transfer ownership of your assets during your lifetime while retaining full control. Upon your death, the trustee distributes assets according to your instructions, without court involvement.
- Name beneficiaries on eligible accounts. Retirement accounts, life insurance policies, and many investment accounts allow you to designate beneficiaries directly, ensuring a fast transfer outside of probate.
- Establish joint ownership where appropriate. Adding a spouse or trusted family member as a joint owner with rights of survivorship can simplify the transfer of real estate, vehicles, or bank accounts. This strategy works best for married couples, but should be used carefully with other family members, as it grants immediate co-ownership rights.
- Use payable-on-death and transfer-on-death designations. These simple, low-cost tools allow bank accounts and securities to bypass probate entirely.
What Are Florida’s Specific Probate Considerations?
Florida law includes several unique provisions that affect how probate works within the state.
How Does Florida’s Homestead Law Affect Probate?
Florida’s homestead protections are among the strongest in the country. Under Article X, Section 4 of the Florida Constitution, a primary residence often receives special treatment in probate, including protection from certain creditor claims. However, homestead property still generally requires a probate proceeding to formally transfer title, even though it may be exempt from creditor claims.
What Exemptions and Protections Exist Under Florida Probate Law?
Florida provides certain statutory exemptions, including protections for exempt personal property (up to $20,000 in household furnishings) and a family allowance for surviving spouses and dependent children during the probate process.
How Long Does Probate Take in Florida, and What Does It Cost?
Formal administration in Florida typically takes six months to a year, though complex estates or contested matters can extend this timeline significantly. Costs vary based on estate size and complexity but generally include court filing fees, personal representative fees, and attorney’s fees, which Florida law allows to be based on a percentage of the estate’s value for larger estates.
Protect Your Legacy With Proper Estate Planning in Florida
Understanding which assets are subject to probate in Florida is the first step toward building an estate plan that protects your family’s time, money, and privacy. Individually owned real estate, sole-name bank accounts, and property without designated beneficiaries typically require probate, while trusts, joint ownership, and beneficiary designations can help assets pass directly to your loved ones.
Every family’s situation is different, and Florida’s probate laws include nuances that can significantly affect your estate planning strategy. If you’re ready to create a plan that minimizes probate complications for your loved ones, the team at Friedman Law, P.A. in Lake Mary, Florida, is here to help. Our attorneys serve clients throughout Lake Mary and the greater Orlando area with personalized probate and estate planning guidance.
Contact Friedman Law, P.A. today to schedule a consultation and take the first step toward securing your family’s future.
Frequently Asked Questions about Probate
Does all property have to go through probate in Florida?
No. Only assets titled solely in the deceased’s name without a beneficiary designation, joint owner, or trust protection are subject to probate. Assets like jointly owned property, accounts with named beneficiaries, and trust-held property typically bypass the process.
How much does probate cost in Florida?
Probate costs in Florida vary by estate size and complexity, but typically include court filing fees, personal representative compensation, and attorney’s fees. Florida law permits attorney’s fees to be calculated as a percentage of the estate’s value for larger estates.
Can I avoid probate entirely in Florida?
While it’s difficult to avoid probate completely, strategic planning tools like revocable living trusts, beneficiary designations, and joint ownership with rights of survivorship can significantly reduce or eliminate the assets that require probate.
What happens if someone dies without a will in Florida?
If a Florida resident dies without a will, their assets are distributed according to the state’s intestate succession laws, and the estate still generally goes through probate to identify heirs and distribute property.
Who should I help for Florida probate matters?
An experienced Florida estate planning and probate attorney, such as the team at Friedman Law, P.A. in Lake Mary, can help you navigate the probate process or create a plan to minimize probate involvement for your heirs.