Probate is required in Florida whenever a deceased person's assets are titled solely in their name with no other legal path to transfer, such as a beneficiary designation, joint owner, or funded trust. As of July 1, 2026, Florida's simplified summary administration process now covers estates with $150,000 or less in non-exempt assets, up from the previous $75,000 threshold, and very small estates may skip court administration entirely under a $20,000 disposition without administration threshold. Below is a breakdown of exactly when probate applies in Florida, which assets bypass it automatically, and what changes when an estate falls under one of these simplified thresholds.
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.
