Probate is required in Florida whenever a deceased person's assets are titled solely in their name, with no beneficiary designation, joint owner, or funded trust already in place to transfer them. A will does not change this, it only directs how those assets get distributed once probate begins.
Florida also changed its rules recently. Starting July 1, 2026, the threshold for the state's simplified summary administration process rose from $75,000 to $150,000, and the limit for very small estates to skip court administration entirely rose from $10,000 to $20,000. These changes came from a new state law (CS/HB 1337), and they mean more Florida families now qualify for a faster, simpler process than before. Below, we walk through exactly when probate applies, which assets bypass it automatically, and what the new thresholds mean for your family.
When Is Probate Required in Florida?
Florida law requires probate whenever someone dies owning assets titled solely in their own name, with no beneficiary designation, joint owner, or trust already in place to transfer them. This holds whether or not the person left a will. A will directs who inherits; it does not skip the court process.
Once probate is required, Florida offers two paths depending on the estate's size and makeup: summary administration for smaller, qualifying estates, and formal administration for everything else. Both are covered in detail below.
What Assets Are Automatically Exempt from Probate?
Certain assets pass to heirs without going through probate at all, because ownership or a beneficiary designation already transfers them outside the court process:
- Property held as Joint Tenancy with Right of Survivorship, or as Tenancy by the Entirety between spouses
- Retirement accounts, life insurance policies, and annuities with a living named beneficiary
- Bank and brokerage accounts with a payable-on-death or transfer-on-death designation
- Assets already titled in the name of a funded revocable trust
Florida also allows transfer-on-death registration for securities, giving brokerage accounts the same bypass option as payable-on-death bank accounts. Homestead property follows its own set of rules, which we cover in more detail on our Homestead Law page (internal link), it can pass outside probate to certain heirs, but the analysis depends on who survives the owner.
Does a Will Avoid Probate in Florida?
No. This is one of the most common misconceptions we hear from families. A will has to be validated through probate before its instructions can be carried out, the will names who inherits, but it does not remove the need for the court process itself.
What actually avoids probate are the tools listed above: beneficiary designations, joint ownership, and trusts. If keeping your estate out of probate matters to you, those are the tools to put in place while you're still able to make that choice.
What Happens If an Estate Is Below Florida's Probate Threshold?
This is where Florida's 2026 changes matter most for families settling a smaller estate.
Summary administration is available when the estate's non-exempt assets are worth $150,000 or less, or when the decedent has been dead for more than two years, regardless of estate size. That $150,000 figure applies to deaths on or after July 1, 2026. For deaths before that date, the older $75,000 threshold still applies. For example, a family settling an estate for a parent who passed in April 2026 would still use the $75,000 threshold, while a family settling an estate for a death in August 2026 would use the new $150,000 figure. Either way, summary administration is faster and less expensive than formal administration, and it skips the requirement to appoint a personal representative with ongoing authority over the full estate.
For truly small estates, Florida also offers disposition without administration, a process that can skip court involvement altogether when the estate consists only of exempt property and personal property that does not exceed certain funeral and medical expense amounts. The related threshold for small intestate estates rose from $10,000 to $20,000 on July 1, 2026, as part of the same law.
If you're not sure which path fits your family's situation, a short conversation is usually enough to tell. You can request a consultation with our team here: https://carolgrantlaw.com/request-a-consultation/.
How Do Beneficiary Designations Affect Probate Requirements?
Properly designated beneficiaries on bank accounts, investment accounts, life insurance policies, and retirement plans let those assets pass directly to the named person, without probate. This only works if the designation is current, an outdated beneficiary form, naming an ex-spouse, for example, or someone who has since passed away, can send an asset into probate anyway, or into the hands of someone the account owner never intended.
Reviewing beneficiary designations every few years, and after any major life change such as a marriage, divorce, or death in the family, is one of the simplest ways to keep assets out of probate later.
Can Real Estate Avoid Probate in Florida?
Yes, in several ways. Florida real estate can bypass probate through:
- Joint ownership with right of survivorship
- An enhanced life estate deed, commonly called a Lady Bird deed
- A transfer-on-death deed
- Holding the property inside a revocable living trust
Each option carries different tradeoffs around control during your lifetime, tax treatment for your heirs, and Medicaid planning, so the right choice depends on the specific property and the family's goals. A Lady Bird deed, for instance, lets the owner keep full control and even sell the property during their lifetime, while a trust offers broader planning options for families with more complex holdings.
What Assets Must Go Through Probate Even With Planning?
Some assets typically require probate no matter how the rest of the estate is structured:
- Real estate or other property titled solely in the decedent's name, with no transfer mechanism in place
- Bank accounts without a payable-on-death designation
- Personal property titled only in the decedent's name, such as vehicles or valuables
- Assets that name "the estate" as the beneficiary, rather than a specific person
This is usually where families realize they need administrative help, identifying which assets fall into this category, confirming their value against the current thresholds, and moving them through the correct probate path.
Frequently Asked Questions
When Is Probate Not Necessary After Death?
Probate is not necessary when all of a person's assets pass outside the court process, through beneficiary designations, joint ownership, or a funded trust, or when the estate qualifies for Florida's disposition without administration process because it consists only of exempt property and limited personal property. If any asset is titled solely in the decedent's name with no other transfer method in place, some form of probate is still required for that asset, even if the rest of the estate avoids it.
How Long Do You Have to File for Probate in Florida?
Florida law requires the person holding a deceased person's original will to deposit it with the clerk of court in the county where the decedent lived within 10 days of learning of the death. That is a separate requirement from opening a full probate case, though most families file for administration around the same time. Waiting too long can create real complications for heirs, from frozen bank accounts to disputes over who has the authority to act on the estate's behalf.
Who Serves as Personal Representative If There Is No Will?
Florida law sets a priority order for who may serve when someone dies without a will: a surviving spouse first, then a person selected by a majority of the heirs, then the heir living closest to the estate. The court appoints from within that order. This is one of the areas where an estate without a will, known as an intestate estate, tends to move more slowly than one with clear instructions already in place.
What Is the Difference Between Summary and Formal Administration?
Summary administration is the faster, simpler path, available for estates at or under the current threshold or where the decedent has been gone more than two years. Formal administration is the full court process, required for larger or more complex estates, and it involves appointing a personal representative with ongoing authority to manage the estate through to closing.
Does Homestead Property Go Through Probate in Florida?
Homestead property is treated differently from other probate assets under the Florida Constitution. If the owner is survived by a spouse or minor child, the property generally passes to them outside the normal probate creditor process, even though a probate filing may still be needed to formally establish that transfer. The rules get more detailed depending on who survives the owner, so this is worth reviewing with an attorney rather than assuming either way.
Florida's probate rules changed in 2026, and figuring out which path applies to your family's situation is easier with someone who handles this daily. Carol L. Grant, P.A. helps Pembroke Pines and Broward County families understand exactly what probate requires for their specific estate, and guides personal representatives and heirs through the process from start to finish. Call (954) 404-8274 or request a consultation to talk through your situation.
When Is Probate Required in Florida?
Florida law requires probate whenever someone dies owning assets titled solely in their own name, with no beneficiary designation, joint owner, or trust already in place to transfer them. This applies whether or not the person left a will; a will does not remove the need for probate, it only directs how probate assets get distributed once the process begins.
Once probate is required, Florida offers two main paths depending on the estate's size and makeup: summary administration for smaller, qualifying estates, and formal administration for everything else. Both are covered in detail below.
What Assets Are Automatically Exempt from Probate?
Certain assets bypass probate automatically because ownership or a beneficiary designation transfers them outside the court process:
- Property held as Joint Tenancy with Right of Survivorship, or as Tenancy by the Entirety between spouses
- Retirement accounts, life insurance policies, and annuities with a living named beneficiary
- Bank and brokerage accounts with a payable-on-death or transfer-on-death designation
- Assets already titled in the name of a funded revocable trust
Florida also recognizes transfer-on-death registration for securities under its Uniform TOD Security Registration Act (F.S. Chapter 711), giving brokerage accounts the same bypass option as payable-on-death bank accounts.
Does a Will Avoid Probate in Florida?
No. A will does not avoid probate in Florida; it directs how probate assets are distributed once the process has already begun, and it still has to be validated by the court. Florida law goes further than most states on this point: whoever holds a decedent's original will is legally required to deposit it with the clerk of court within 10 days of learning of the death, under F.S. §732.901. Missing that deadline can expose the custodian to personal liability for costs and attorney's fees if the court finds no reasonable excuse for the delay.
What Happens If an Estate Is Below Florida's Probate Threshold?
Disposition Without Administration. For very modest estates consisting only of exempt property and assets that don't exceed final expenses, Florida allows administration to be skipped entirely. This threshold doubled from $10,000 to $20,000, effective July 1, 2026, under Chapter 2026-57, Laws of Florida (F.S. §735.301–.304). Details are on our small estate administration page.
Summary administration. For larger estates that still fall under a set cap, summary administration is faster and less costly than formal probate. This cap also just increased significantly, from $75,000 to $150,000, effective July 1, 2026, under the same 2026 legislation (F.S. §735.201). An estate also qualifies for summary administration regardless of value if the decedent has been deceased for more than two years. More detail is on our summary administration page.
Estates that exceed both thresholds, or that involve disputes, multiple heirs, or complex assets, generally require formal administration regardless of value.
How Do Beneficiary Designations Affect Probate Requirements?
A beneficiary designation removes an asset from the probate estate entirely, as long as it is current and names a living person or entity. Retirement accounts, life insurance, and payable-on-death bank accounts all work this way. The requirement only resurfaces if the designation lapses: if the named beneficiary died first and no contingent beneficiary was named, or if the form was never updated after a divorce or remarriage, the asset falls back into the probate estate by default.
This is worth checking periodically rather than assuming it is settled. A designation made decades ago can quietly stop doing its job.
Can Real Estate Avoid Probate in Florida?
Real estate can avoid probate in several ways. Property titled in a funded revocable trust passes to the trust's beneficiaries without court involvement. Property held jointly with right of survivorship, or as Tenancy by the Entirety between spouses, passes automatically to the surviving owner.
Florida also allows an enhanced life estate deed, commonly called a Lady Bird deed, which lets an owner name a beneficiary who receives the property automatically at death while the owner keeps full control during life. We cover the mechanics, requirements, and drawbacks of this option in detail in our guide to Lady Bird deeds.
Florida's homestead protections add another layer specific to a primary residence, with its own descent rules separate from ordinary probate assets. See our homestead law page for how this interacts with the rest of an estate.
What Assets Must Go Through Probate Even With Estate Planning?
Some assets end up in the probate estate no matter how much planning was done elsewhere, usually because of an oversight rather than a deliberate choice:
- Real estate titled only in the decedent's name, with no trust, joint owner, or Lady Bird deed in place
- Bank or brokerage accounts with no payable-on-death or transfer-on-death designation
- Personal property, vehicles, and other tangible assets titled only in the decedent's name
- Any asset a will attempts to direct without a non-probate transfer mechanism already in place
This is the gap most estate plans miss: a trust or deed only protects what was actually transferred into it. Anything left outside that structure still lands in probate.
Carol L. Grant, P.A. helps Pembroke Pines and Broward County families understand exactly what will and won't require probate, before it becomes an urgent question. Schedule a consultation to review your specific estate.
Frequently Asked Questions
When is probate required in Florida?
Probate is required in Florida whenever a deceased person owned assets titled solely in their own name, with no beneficiary designation, joint owner, or trust already in place to transfer them. This applies with or without a will. Two paths exist depending on estate size: summary administration for estates under $150,000 in non-exempt assets or where the decedent died more than two years ago, and formal administration for everything else.
What assets automatically avoid probate?
Assets that automatically avoid probate include property held in joint tenancy with right of survivorship or tenancy by the entirety, retirement accounts and life insurance with a living named beneficiary, payable-on-death and transfer-on-death accounts, and assets already titled in a funded revocable trust. These transfer by contract or title rather than through a will.
Does having a will mean I can skip probate?
No. A will does not avoid probate in Florida; it only directs how assets are distributed once probate has already begun, and it must be filed with the court. Whoever holds the original will is legally required to deposit it with the clerk of court within 10 days of learning of the death, under F.S. §732.901.
How much does an estate have to be worth before probate is required?
There is no minimum dollar value that triggers probate in Florida; even a modest estate requires it if assets are titled solely in the decedent's name. What changes with value is which type of probate applies. Estates with $150,000 or less in non-exempt assets, effective July 1, 2026, generally qualify for summary administration, a faster and less expensive process than formal administration.
Can I avoid probate on my house in Florida?
Yes. A Florida home can avoid probate by being titled in a funded revocable trust, held jointly with right of survivorship or as tenancy by the entirety between spouses, or transferred through an enhanced life estate deed, commonly called a Lady Bird deed. Without one of these arrangements in place, a home titled only in the owner's name will go through probate.
