What Assets Go Through Probate in Florida?

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. 

📞 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.