No. A will is a set of instructions for the probate court. Until it is admitted to probate in Florida (or in the state where the decedent lived), it cannot be used to prove title to, or the right to possess, the decedent’s property (§ 733.103).
What a will does do is decide who receives the probate property and who should serve as personal representative. Whether probate is needed at all depends on how each asset is owned, not on whether there is a will.
What a will controls, and what it does not
| Asset | Controlled by the will? |
|---|---|
| Property in the decedent’s name alone, no beneficiary | Yes, through probate |
| Account with a payable-on-death beneficiary | No: paid to the beneficiary (§ 655.82) |
| Joint bank account | Usually no: presumed to pass to the surviving owner (§ 655.79) |
| Life insurance or retirement account with a living beneficiary | No: paid under the designation |
| Assets in a revocable trust | No: the trust controls them |
| Florida homestead with a surviving spouse or minor child | Limited: the constitution restricts who it can be left to |
Why the original matters
Florida generally admits the original will. Whoever has it must deposit it with the clerk within 10 days after learning of the death (§ 732.901). A will that was signed with two witnesses and made self-proved before a notary can usually be admitted without further testimony (§ 732.502, § 732.503, § 733.201). If only a copy exists, see what to do if the original will is missing.
A will can still make probate simpler
- It names the personal representative the family wants, and can waive bond.
- It can give the personal representative broad powers, such as selling real estate without a court order.
- It avoids disputes over who the heirs are.
- A pour-over will sends any probate assets into the decedent’s trust (§ 732.513).
What changes the answer
- How each asset is titled and whether beneficiaries are named and living
- The total value of probate assets and the date of death, which decide whether summary administration is available (§ 735.201)
- Whether the will was properly signed and witnessed
- Whether the decedent had a revocable trust that holds most of the assets
An example
A mother’s will leaves everything to her three children. Her house is in her name alone, her checking account names her oldest son as payable-on-death beneficiary, and her IRA names all three children. The IRA and checking account pass outside probate: the checking account goes to the son alone, regardless of the will. The house goes through probate, and under the will it passes to all three children.
Common misunderstandings
- “The will says everything is split three ways, so the bank account will be too.” Not if the account names a beneficiary.
- “The executor named in the will can start signing.” Not until the court appoints them and issues letters.
- “A copy of the will is just as good.” A copy creates an extra legal hurdle.
What to gather
- The original will and any codicils
- A list of each asset, how it is titled, and any named beneficiaries
- Deeds for any real estate
Next step
Find the original will, deposit it with the clerk, and compare its instructions with how each asset is actually titled. The differences show what the will controls and what it does not.
Related guidance
- Why is probate required?
- What is a self-proving will?
- What happens without a will?
- What is a pour-over will?
Sources: Florida Statutes § 655.79, § 655.82, § 732.502, § 732.503, § 732.513, § 732.901, § 733.103, § 733.201, and § 735.201 (2026). Checked on October 23, 2026.