What Assets Must Go Through Probate in Florida (and What Skips It)

In Florida, an asset goes through probate when it was owned solely in the decedent’s name with no surviving co-owner and no valid beneficiary or transfer-on-death designation attached to it. Assets that pass by operation of law — joint ownership with survivorship, named beneficiaries, payable-on-death accounts, and property held in a living trust — skip probate entirely. So the real question isn’t what kind of asset you own; it’s how the title reads on the day someone dies.

That distinction surprises a lot of families in Palm Beach County, and it’s the single most common thing we untangle for clients here in Boca Raton. A million-dollar brokerage account can transfer in two weeks because it had a beneficiary form on file. A modest condo, owned alone with a stale deed, can sit in a court file for eight months. Below, I’ll walk through exactly what falls into each bucket under Florida law, with particular attention to real estate — because in this market, the house is usually the asset that drives the whole case.

What Probate Actually Does

Probate is the court-supervised process of proving a will (if there is one), appointing a personal representative, paying valid creditors, and transferring what’s left to the right people. In Florida it’s governed by Chapters 731 through 735 of the Florida Statutes and the Florida Probate Rules. The court’s job is narrow but real: it confirms who has legal authority to move the decedent’s property and makes sure debts and taxes are handled before heirs receive anything.

Here’s the part people miss. Probate only governs probate assets — property that has no built-in mechanism to transfer on its own. Everything else moves outside the court entirely, often within days of a death certificate being issued. A well-planned estate can be 90% non-probate by design. A neglected one can be the reverse.

Assets That Must Go Through Probate in Florida

Generally, an asset is a probate asset when the decedent owned it individually and nothing else dictated where it goes. The most common examples:

• Real property titled in the decedent’s name alone. A house or condo deeded to one person, with no co-owner and no recorded transfer-on-death deed, is the classic Florida probate asset.
• Tenancy-in-common interests. If two people own property as tenants in common (not joint tenants with survivorship), the decedent’s fractional share passes through their estate, not automatically to the co-owner.
• Bank and brokerage accounts in the decedent’s sole name with no payable-on-death (POD) or transfer-on-death (TOD) designation.
• Vehicles, boats, and titled personal property registered to the decedent alone.
• Business interests — LLC membership units, closely held shares, partnership interests — held individually, unless an operating agreement or buy-sell handles the transfer.
• Life insurance or retirement accounts payable to “my estate,” or where every named beneficiary has predeceased and no contingent is listed. The proceeds default into the estate and become probate assets.
• Tangible personal property of value — jewelry, art, collections — that isn’t specifically distributed by a non-probate mechanism.

Notice the thread running through all of these: sole ownership plus no override. Change either factor and the asset usually leaves the probate column.

Why Real Estate Dominates Florida Probate

In a county like this one, the home is frequently the largest asset and the one most likely to be titled in a way that forces probate. People buy a condo in their own name, never update the deed after a spouse dies, and assume the survivor “just keeps it.” That’s not how Florida works. If title reads as one deceased person, a court order is generally required before the property can be sold or refinanced — a title company won’t insure the sale without it.

Florida’s homestead rules add another layer. Homestead property gets unique constitutional protection under Article X, Section 4 of the Florida Constitution and descends under Florida Statutes § 732.401. Homestead generally passes outside the reach of most creditors and follows specific descent rules — but determining that a property even qualifies as protected homestead usually requires a petition to the probate court. So homestead is a hybrid: protected from creditors, yet still typically needing a judge to confirm the protection and clear title. If you take one thing from this article, let it be that homestead questions deserve real attention. The challenges that arise when homestead, creditors, and a sale all collide are exactly the kind of complications discussed in this overview of .

Assets That Skip Probate Entirely

Non-probate assets transfer automatically, by contract or by operation of law, the moment of death. The court never touches them. The major categories:

1. Jointly owned property with right of survivorship. Real estate held as joint tenants with right of survivorship or, between spouses, as tenancy by the entireties, passes instantly to the survivor. Tenancy by the entireties is the Florida default for married couples taking title together and carries strong creditor protection besides.
2. Assets with a named beneficiary. Life insurance, IRAs, 401(k)s, and annuities pay directly to whoever is named on the beneficiary form. The form controls — not the will.
3. Payable-on-death and transfer-on-death accounts. Bank accounts with a POD designation and brokerage accounts with a TOD registration pass to the named recipient outside probate.
4. Property titled in a living trust. Anything properly transferred into a revocable living trust during life is owned by the trust, not the person, and is distributed by the trustee under the trust terms — no court involvement.
5. Lady Bird (enhanced life estate) deeds and Florida TOD deeds. A Lady Bird deed lets an owner keep full control during life while naming who receives the property at death, automatically. It’s a powerful, underused tool for keeping a Florida home out of probate.

This is where careful titling pays off. A family that sets up beneficiary designations, a properly funded trust, or an enhanced life estate deed can move an entire estate without a single court filing. For Florida homeowners, those real-property strategies are the difference between heirs inheriting in weeks versus months. Our spends much of its time on exactly this kind of titling review.

A Quick Word of Caution on Beneficiary Forms

Non-probate planning fails more often through neglect than bad intent. Forms go stale. People name an ex-spouse and forget. A beneficiary predeceases and no contingent is listed, so the asset drops back into probate by default. Worse, naming a minor child directly on a life insurance policy can force a guardianship of the property — another court proceeding — because minors can’t legally receive large sums outright in Florida. The fix is usually a trust or a properly structured designation, not the raw form the bank handed you.

The Gray Areas Where Title Decides Everything

Several situations look like they should skip probate but don’t, and vice versa:

• A trust that was signed but never funded. If the deed to the house was never actually transferred into the trust, the house is still a probate asset. An unfunded trust is one of the most common — and most preventable — mistakes we see.
• Out-of-state property. A Florida resident who owns a cabin in another state may need a separate “ancillary” probate there. Conversely, a non-resident who owned Florida real estate triggers ancillary probate here under Florida Statutes § 734.102.
• Tenancy in common versus joint tenancy. Two siblings on a deed may assume the survivor inherits, but if the deed doesn’t say “with right of survivorship,” each share passes through that owner’s estate.
• Jointly held accounts added “for convenience.” An adult child added to a parent’s account to help pay bills may unintentionally inherit the whole balance — or may not, depending on intent and how Florida courts read the account agreement.

What Happens When Probate Is Required — and How Big It Gets

Not all Florida probate is the same. The state offers summary administration under Chapter 735 when the probate estate is valued at $75,000 or less, or when the decedent has been dead for more than two years. It’s faster and cheaper than the alternative. Larger or more complicated estates go through formal administration, which requires appointing a personal representative and typically running a creditor-claim period. There’s also disposition without administration for very small estates with only exempt property and final-expense reimbursements.

Which track an estate lands on depends almost entirely on what’s in the probate column — which loops back to titling. Shift the house out of probate with a Lady Bird deed, and a formal administration can collapse into a simple summary one. The principles of administering an estate efficiently apply across jurisdictions; this guide to illustrates how the same core steps — appointment, creditor handling, and distribution — structure the process from start to finish.

Practical Takeaways for Florida Families

If you want to control whether your estate goes through probate, audit your titling before anything else. Pull your deeds and read exactly how they’re worded. Confirm your trust is actually funded. Check every beneficiary and POD/TOD form, including the contingents. For your Florida home specifically, ask whether a Lady Bird deed or tenancy-by-the-entireties title fits your situation. These are not exotic tools — they’re routine, and they keep families out of court.

If you’ve recently lost a loved one and aren’t sure which assets need probate, start by separating the solely owned, no-beneficiary items from everything else. That list is your probate estate. To plan ahead, our resources on wills and estate planning and Florida probate walk through the next steps, and you can always reach our Boca Raton office for a titling review.

The bottom line: probate in Florida is a function of paperwork, not fate. Owned alone with no override, an asset goes to court. Co-owned with survivorship, beneficiary-designated, or held in trust, it doesn’t. Get the titling right while you can, and you decide which path your estate takes.

Frequently Asked Questions

Does every estate in Florida have to go through probate?

No. Only assets owned solely by the decedent with no surviving co-owner and no beneficiary or transfer-on-death designation must go through probate. Jointly owned property with survivorship, beneficiary-designated accounts, payable-on-death accounts, and assets held in a funded living trust all transfer outside of probate.

Does a will avoid probate in Florida?

No. A will does not avoid probate; it directs how the probate court distributes your solely owned assets. To skip probate, an asset must pass by another mechanism such as joint titling with survivorship, a beneficiary designation, a Lady Bird deed, or a properly funded trust.

Is a Florida homestead subject to probate?

Homestead is a hybrid. It generally passes outside the reach of most creditors and follows specific descent rules under the Florida Constitution and Section 732.401, but confirming that a property qualifies as protected homestead and clearing title usually still requires a petition to the probate court.

How can I keep my Florida home out of probate?

Common options include a Lady Bird (enhanced life estate) deed, holding title as tenancy by the entireties with a spouse or as joint tenants with right of survivorship, or transferring the property into a properly funded revocable living trust. The right choice depends on your goals, so a titling review with a probate attorney is recommended.

What is summary administration in Florida?

Summary administration is a faster, simpler probate track available when the probate estate is valued at $75,000 or less, or when the decedent has been deceased for more than two years. It avoids appointing a personal representative for a full formal administration and is governed by Chapter 735 of the Florida Statutes.