Which Assets Go Through Probate in Florida (and Which Don’t)

If you’re handling a loved one’s estate in Florida, the first question is usually the most confusing: does this property even have to go through probate? The good news is that a large share of what most Florida families own never touches a courtroom. Probate only governs assets that were owned by the deceased person alone, with no built-in way to transfer to someone else. Everything else moves on its own.

Assets That Usually Skip Probate

Many common Florida assets pass directly to a new owner the moment someone dies, regardless of what a will says:

• Jointly owned property with survivorship. Real estate or accounts held as joint tenants with right of survivorship, or by a married couple as tenants by the entirety, pass to the surviving owner automatically.
• Beneficiary designations. Life insurance, IRAs, 401(k)s, and annuities go to the named beneficiary outside of probate.
• Pay-on-death (POD) and transfer-on-death (TOD) accounts. Florida banks and brokerages allow these designations, and the funds pass straight to the named person.
• Lady Bird deeds. A Florida enhanced life estate deed lets a homeowner keep full control during life, then transfer the home automatically at death with no probate.
• Assets in a revocable living trust. Property properly titled in a trust under Chapter 736 is administered by the successor trustee, not the probate court.

Assets That Typically Require Probate

Probate becomes necessary when an asset was titled in the decedent’s name alone with no survivor or beneficiary attached. Common examples include:

• A Florida home or condo owned solely by the decedent (unless covered by a Lady Bird deed or trust)
• Bank or investment accounts in the decedent’s name with no POD or joint owner
• Vehicles and boats titled solely to the decedent
• Personal belongings, collections, and other tangible property

Florida Homestead Is a Special Case

The family home gets unique treatment under Florida’s constitution (Art. X, Section 4). A protected homestead is generally shielded from most creditors and passes to heirs under special rules, especially when a spouse or minor child survives. It often still goes through a court process, but it is not treated like ordinary estate property and may not be available to pay general debts.

A Quick Note on Taxes

Many Floridians worry about a state death tax. There isn’t one. Florida has no state estate tax and no inheritance tax, so heirs do not pay the state simply for receiving property. Large estates may still face the federal estate tax, but that affects only a small fraction of families.

How to Tell Which Bucket an Asset Falls Into

A practical first step is to gather titles, deeds, and account statements and ask one question about each: is there a co-owner, a named beneficiary, or a trust? If yes, it likely avoids probate. If the asset stands alone in the decedent’s name, it probably needs court administration, either summary or formal, depending on size and timing.

Talk to a Florida Probate Attorney

Every estate mixes probate and non-probate assets differently, and one mislabeled deed or outdated beneficiary form can change the outcome. A Florida-licensed probate attorney can review the titles and tell you exactly what needs to be administered before you spend time on a process you may not need.