What Actually Has To Go Through Probate In Florida? You Might Be Surprised

If you have recently lost a loved one, you may be picturing a long court process standing between you and everything they left behind. But is that really how it works for every single asset? Not necessarily. Florida law distinguishes between assets that must pass through the probate estate and those that transfer to beneficiaries automatically, outside of court altogether. Knowing the difference can change how a family approaches settling a loved one’s affairs.

Assets That Typically Require Probate

Under Fla. Stat. § 731.201, a decedent’s “estate” is defined as the property that is the subject of administration, which generally includes anything titled solely in the decedent’s name without a designated beneficiary. This commonly includes real estate held solely in the decedent’s name, such as a home, rental property, or vacant land titled only to the decedent, without a co-owner or transfer-on-death designation. It also includes bank and investment accounts without a listed beneficiary, meaning a checking account, savings account, or brokerage account that names no payable-on-death or transfer-on-death recipient typically becomes part of the probate estate. Personal property is included too. Vehicles, furniture, jewelry, and other tangible items owned solely by the decedent usually fall under the probate court’s authority unless they qualify for a specific exemption.

Assets That Usually Skip Probate

Not everything a person owns ends up in front of a judge. Assets held in joint tenancy with rights of survivorship pass automatically to the surviving owner. Life insurance policies and retirement accounts with a named beneficiary go directly to that person, bypassing probate entirely. Bank accounts with a payable-on-death designation, and property held in a properly funded revocable trust, also transfer outside the probate process. Florida’s homestead property receives special constitutional protections as well, often passing directly to a surviving spouse or heirs without needing full probate administration.

Why Does This Distinction Matter?

Why should any of this matter to a grieving family? Because it affects timing, cost, and how quickly beneficiaries can actually access what was left to them. An estate made up mostly of accounts with named beneficiaries and jointly held property may need little to no formal probate at all. An estate consisting largely of solely owned real estate and accounts without designated beneficiaries will likely need to go through the process, whether summary or formal, before assets can change hands. Reviewing how a loved one’s assets were titled is often one of the first and most important steps in figuring out what lies ahead.

Sorting out which assets require probate and which do not can feel overwhelming while you are also grieving, and that is exactly where we come in. Bundza & Rodriguez, P.A. helps families throughout Daytona Beach and Volusia County identify what needs court involvement and what does not, so nothing gets delayed or overlooked. Give us a call, and let our Daytona Beach estate planning lawyers guide you through it step by step.

Source:

flsenate.gov/laws/statutes/2025/731.201