What Assets Go Through Probate in Florida?
- Jan 23
- 4 min read
Updated: 6 days ago
One of the most common questions families ask after a loved one passes away is:
“What actually has to go through probate?”
The answer is often less intimidating than people expect. Not everything a person owned becomes part of a Florida probate case. Whether an asset goes through probate usually depends on how it was owned and whether a beneficiary was properly designated.
Below is a clear breakdown of the assets families ask about most.
What Determines Whether an Asset Goes Through Probate in Florida?
In Florida, probate is generally required for assets that:
Were owned solely in the decedent’s name, and
Do not have a designated beneficiary or automatic transfer mechanism
Assets that pass directly to a surviving owner or named beneficiary often avoid probate entirely.
Do Bank Accounts Go Through Probate in Florida?
Sometimes—but often, no.
Bank Accounts That Usually Avoid Probate
A bank account typically avoids probate if:
It has a payable-on-death (POD) beneficiary, or
It is jointly owned with rights of survivorship
In these cases, banks can usually release the funds directly to the surviving owner or beneficiary once proper documentation is provided.
Bank Accounts That Usually Go Through Probate
A bank account typically goes through probate if:
It was owned solely by the decedent, and
No beneficiary was named
This is one of the most common reasons probate is opened, even when an estate otherwise appears small.
Does a Car Go Through Probate in Florida?
It depends on how the vehicle is titled.
Vehicles That May Avoid Probate
A vehicle may avoid probate if:
It is jointly titled with rights of survivorship, or
It qualifies for a simplified transfer process for motor vehicles under Florida law, and it is the only asset.
Vehicles That Usually Go Through Probate
A vehicle will typically go through probate if:
It was titled solely in the decedent’s name,
There is no surviving co-owner or applicable exception, and
It doesn’t qualify for a simplified transfer process under Florida law
Vehicles can often be handled efficiently during probate, but legal authority may still required to transfer or sell them.
What Happens to a House After Death in Florida?
Real estate often causes the most confusion in Florida probate.
When a House May Avoid Probate
A house may avoid probate if it was:
Owned jointly with rights of survivorship,
Owned with a valid enhanced life estate deed (sometimes also known as a “Lady Bird Deed” or “Beneficiary Deed” or “Transfer on Death Deed”) and the beneficiary named in that document is alive; or
Held in a properly funded trust
When a House Usually Requires Probate
If the house was owned solely by the decedent, probate is usually required to transfer title—even if there is a will.
A will explains who should receive the property, but probate provides the legal authority to change ownership in the public records.
What Happens to Homestead Property in Florida Probate?
Homestead property is treated differently under Florida law, which often leads to confusion.
Special Rules for Florida Homestead
Homestead property:
Receives constitutional protections
Is often exempt from certain creditor claims
May pass to heirs with fewer complications than non-homestead property
Does Homestead Avoid Probate?
Not necessarily.
In many cases, in order to have clean title to sell the property, the probate court must still:
Determine that the property qualifies as homestead
Confirm who is legally entitled to receive it
Enter an order so title can be properly updated and transferred
Homestead issues are extremely common in Florida probate and are one reason even “simple” estates may require court involvement.
Does Life Insurance Go Through Probate in Florida?
Usually, no.
When Life Insurance Avoids Probate
Life insurance typically avoids probate if:
A valid beneficiary is named and living
In that case, the insurance company pays the benefit directly to the beneficiary, outside of probate.
When Life Insurance Goes Through Probate
Life insurance may become part of probate if:
No beneficiary is named
The beneficiary was named, but has passed away
The beneficiary was named, but is a minor child
The estate is named as the beneficiary
This is why reviewing beneficiary designations is a critical part of estate planning.
What Assets Almost Always Go Through Probate?
Some common examples include:
Solely owned bank accounts with no beneficiaries
Solely owned real estate not held in a trust
Personal property with no clear ownership transfer
Refunds, checks, or payments issued after death in the decedent’s name
Why Probate Asset Confusion Is So Common
Many families assume probate is required for everything, or for nothing.
In reality, estates often include a mix of probate and non-probate assets.
Probate is frequently needed:
Even when most assets pass outside probate
Solely to address one account, one property, or one unresolved issue
Understanding this distinction early can significantly reduce stress and uncertainty.
The Takeaway: What Goes Through Probate in Florida
In Florida:
Not all assets go through probate
How an asset is titled or designated matters more than its value
A will does not automatically avoid probate
Homestead status and beneficiary designations play a major role
If you’re unsure whether probate is required for a specific asset, or if you want to structure your estate so your loved ones don’t have to sort this out later, we’re happy to help you review your situation and talk through your options.
Frequently Asked Questions About Probate Assets in Florida
Q: What assets go through probate in Florida?
A: Assets owned solely by the decedent with no beneficiary designation—such as bank accounts, real estate, or personal property—typically go through probate in Florida.
Q: Do all assets go through probate in Florida?
A: No. Many assets avoid probate, including accounts with beneficiaries, jointly owned property with survivorship rights, and assets held in a trust.
Q: Does a will avoid probate in Florida?
A: No. A will explains who should receive assets, but probate is still required to legally transfer ownership of probate assets.
Q: Does homestead property go through probate in Florida?
A: Homestead property receives special protections, but probate court involvement is often still required to confirm homestead status and update title.
Q: How can someone avoid probate in Florida?
A: Probate avoidance often involves proper asset titling, beneficiary designations, and trust planning—but it depends on individual circumstances.
📞 Book a free 15-minute discovery call with our probate specialist so we can know exactly how to help you and answer your questions with clarity and confidence.
