Skip to content
A Florida Probate Provided by Kracht Law Firm, P.A.

Why is probate required?

Probate gives someone legal authority to transfer property that was in the decedent’s name alone with no beneficiary, and gives creditors and heirs a fair, final process. Assets that pass by beneficiary designation, survivorship, or trust usually do not need it.

When someone dies, property that was in their name alone, with no beneficiary or co-owner, has no one who can legally sign for it. Probate is the court process that gives someone that authority, confirms who is entitled to the property, and gives creditors a fair and final chance to be paid. Even a will cannot transfer title until it is admitted to probate (§ 733.103).

Probate is not required for assets that already pass another way: a named beneficiary, a co-owner with survivorship rights, or a funded trust.

What probate accomplishes

  • Authority. The court appoints a personal representative (or, in summary administration, enters an order) that banks, title companies, and buyers can rely on.
  • Certainty about who inherits. The court admits a valid will, or applies Florida’s intestacy rules if there is none.
  • A final answer for creditors. Creditors must file claims within set deadlines, after which most are barred.
  • Clear title. A buyer or title insurer can rely on the court record when the property is later sold.

Assets that usually pass without probate

How the asset is heldWhat happens at death
Bank account with a payable-on-death (POD) beneficiaryPaid to the beneficiary (§ 655.82)
Bank account in two or more namesPresumed to belong to the survivor unless the account terms say otherwise (§ 655.79)
Securities registered transfer-on-death (TOD)Pass to the beneficiary under the registration (§ 711.509)
Real estate titled with an express right of survivorship, or as tenants by the entiretyPasses to the surviving owner. Florida does not presume survivorship between co-owners other than spouses; the deed must say so (§ 689.15)
Life insurance, annuities, retirement accounts with a living beneficiaryPaid under the beneficiary designation
Assets titled to a revocable trustAdministered by the successor trustee
Property in an enhanced life estate (Lady Bird) deedPasses to the remainder beneficiaries

When probate is likely

  • An asset is in the decedent’s name alone with no beneficiary.
  • Every named beneficiary or co-owner died first.
  • The beneficiary is “my estate.”
  • The decedent owned Florida real estate in their own name.
  • A lawsuit or claim belongs to the decedent or their estate.

Which kind of probate

Florida has more than one procedure. Summary administration can be used for smaller estates or when the death was more than two years ago (§ 735.201). Formal administration is the full process. A few very small estates need no administration at all (§ 735.301).

An example

A widower leaves a brokerage account with his two daughters as TOD beneficiaries, a life insurance policy naming them, and a car and a $15,000 savings account in his name alone. The brokerage account and insurance pass directly to the daughters. The car and the savings account need a probate procedure, likely summary administration, because no one else has authority to transfer them.

Common misunderstandings

  • “There’s a will, so no probate.” A will is carried out through probate.
  • “We’re on the deed together, so it’s mine.” Not necessarily: without express survivorship language (or a marriage), co-owners of Florida real estate hold as tenants in common, and the decedent’s share goes through probate.
  • “Probate means the state takes the property.” Property passes to the will’s beneficiaries or the heirs. It goes to the state only in the rare case where no one is entitled to inherit it (§ 732.107).

What to gather

  • Statements for every account, showing owners and beneficiaries
  • Deeds for any real estate
  • Life insurance and retirement beneficiary information
  • Any trust document and the will

Next step

Sort the assets into two lists: those with a beneficiary, co-owner, or trust, and those in the decedent’s name alone. The second list, and its value, decides whether probate is needed and which kind.

Related guidance

Sources: Florida Statutes § 655.79, § 655.82, § 689.15, § 711.509, § 732.107, § 733.103, § 735.201, and § 735.301 (2026). Checked on October 23, 2026.

Talk with a Florida probate attorney about your next step.