When people pass away, many of them have assets in bank accounts, investment portfolios, and real estate The way those assets are typically transferred to their relatives is through a probate process overseen by the court. But people often ask us, “Do all estates have to go through Probate in Florida?”
The answer is no, not all of them do.
Depending on how the assets are owned and the types involved, some families can bypass the probate process and transfer assets directly to the living relatives. In other cases, a few assets need to be probated while others pass outside, giving families access to money without needing to wait.
Proper planning before death, with the help of a probate/estate planning attorney like the Law Office of Gary M. Landau, influences what happens to assets afterward.
Of course, having assets go through the probate process is not a huge deal, so “avoiding probate” should be only one of many possible factors in an estate planning process.
The Law Office of Gary M. Landau works with families throughout Coral Springs, Broward County, and the state of Florida on matters like these. Learn how the Florida probate process works and how to make the most informed decisions for your family by reading the blog below. Then call (954) 979-6566 or complete our online form today to schedule a consultation at no cost with the Law Office of Gary M. Landau.
At-a-Glance Summary
If you are wondering whether probate is always required, here is a quick overview of what this article discusses:
- Not every estate must go through the Florida probate process.
- Some cash and investment assets can automatically transfer after death through ownership rights or beneficiary/successor designations.
- Real estate property can transfer immediately upon a person’s death if it is deeded in certain ways.
- Florida allows for different probate procedures, including summary administration in Florida and formal administration.
- Summary administration is quicker and less expensive, used for many estates with probatable assets below $150,000 (this is a change from prior years, effective July 1, 2026) or more than two years old.
- A Florida probate attorney can help clients dealing with a family members’ death understand which assets need to be probated.
- Estate attorneys also work with clients to create a comprehensive estate plan to reduce future probate concerns for their own heirs.
What Is Probate in Florida?
Probate in Florida is a court-supervised process where a deceased person’s assets are identified, valid debts and creditor claims are paid, and remaining money and property is distributed according to the person’s will. (Or, if there is no valid will, per Florida’s law governing such “intestate” succession.)
In one common probate process known as a formal administration, a personal representative is authorized to act on behalf of the estate. This individual gathers assets, communicates with beneficiaries, interacts with the probate court (with the help of their probate attorney), and completes all required estate administration tasks.
Not every asset owned by a deceased individual becomes part of Florida probate, however. Whether a given asset must go through probate depends largely on the type of asset involved, its ownership structure, and whether there are beneficiary or successor designations on each account.
Do All Estates Have to Go Through Probate in Florida?
Many estates do go through the probate process. (Again, this is not an onerous proposition for most Florida estates.) Still, not all of them do. Some estates are not subject to probate in Florida because of the ways their assets are structured.
Whether probate is required depends on a number of factors, including:
- Whether assets and real estate are owned individually or jointly.
- Whether assets have a designated beneficiary.
- Whether assets are held in a trust.
- Whether certain assets qualify as exempt property under Florida statutes
For example, if all of a deceased person’s assets are all held in retirement and investment accounts with a properly designated beneficiary on each account, those assets would commonly pass directly to beneficiaries without requiring probate.
Similarly, assets held in a revocable living trust generally do not become part of the decedent’s estate and do not need to be probated.
(See What are the pros and cons of a revocable living trust)
Life insurance proceeds are never considered probate assets and always pass directly to beneficiaries.
Which Assets Commonly Don’t Go Through Probate?
Certain assets are not part of a Florida probate because post-death ownership changes according to specific laws (or, in some cases, written contracts).
This typically includes bank and brokerage accounts where someone is named in a “payable on death” designation with the institution, retirement accounts listing a designated beneficiary, and real estate where the title is jointly owned “with rights of survivorship” or where an enhanced life estate deed (aka a Lady Bird deed) has been created.
All assets held by a living trust pass directly to the successor trustee when a person dies, as long as the documents creating the trust and naming the successor are in the person’s possession.
Additionally, Florida law exempts up to $20,000 of household furnishings and up to two cars from probate. (Note that a court order is often required to legally transfer the title of the exempt property to the heirs.)
The team at the Law Office of Gary M. Landau can assess each person’s unique situation and guide them through this type of estate planning.
What Assets Generally Go Through Probate?
In nearly all other cases, assets must go through probate administration. Common examples of property requiring probate include:
- Real estate owned Individually or in certain forms of title.
- Bank accounts and investments only in the person’s name that have no designed death beneficiary.
- Pricey personal collections.
- Business interests owned solely by the deceased person.
It is common when doing a probate for some assets to require probate while others pass outside. For example, someone might have one investment account with a pay-on-death designation and another one without, and the latter would need to be probated.
Similarly, people who have a revocable trust often neglect to place every asset into the trust. Assets in the person’s name and not in the trust must then go through probate.
Probate assets are identified at the start of a formal administration by the personal representative who oversees the probate and the eventual distribution to beneficiaries.
Understanding Summary Administration and Formal Administration
Florida law allows for several types of probate procedures. Two of the most common are summary administration and formal administration.
Summary Administration
Summary administration in Florida is a more streamlined process allowed for certain estates. This option is generally available when the value of probate assets falls below the statutory threshold. The law changed on July 1, 2026, raising the maximum limit to $150,000 of probatable assets if the person died after that date. (It remains below $75,000 for people who died prior to that date.) This change will enable more estates in Florida to use this faster (and generally cheaper) form of administration.
Another time summary administration can generally be used is when the person’s death occurred more than two years earlier.
Summary administration can also be used if the person’s main asset was his or her primary residence, known in Florida as homestead property. The value of this property is not calculated with other probatable assets, according to state law.
(See What is homestead?)
Compared to formal administration, summary administration typically involves fewer probate steps and court filings and less involvement of the probate court. Summary administration can often be completed in several months. No personal representative is appointed in a summary administration.
Of course, summary administration still requires compliance with applicable Florida probate rules, the filing of proper documents with the court, and satisfying all legal requirements before any assets can be transferred.
Formal Administration
When an estate does not qualify for summary administration, formal administration is used.
During formal administration, the personal representative is appointed by the probate court after it issues its Letters of Administration. The personal representative gathers estate information, notifies interested parties, publishes and subsequently addresses creditor claims, files required documents, and ultimately distributes estate assets to heirs. This form of probate takes longer to complete, but even here it is usually not too cumbersome.
The Role of the Personal Representative
One of the central figures in a formal administration for Florida probate is the personal representative.
The personal representative carries out the administration process for the estate while taking care to protect both creditors and beneficiaries.
Responsibilities of a personal representative (commonly referred to as a PR) include:
- Identifying probate assets
- Identifying and notifying beneficiaries
- Safeguarding estate property
- Communicating with the probate court
- Providing all required notices to heirs, beneficiaries, and creditors
- Reviewing and addressing creditor claims filed by individuals or businesses
- Paying approved expenses when appropriate
- Preparing for final distribution of estate assets to heirs
Because these responsibilities involve procedures and deadlines established under Florida probate rules, personal representatives generally work with an experienced probate attorney throughout the administration process.
What Happens If There Is No Will?
A common misconception is that probate applies only when the person who dies previously drafted a will. But probate in Florida can still occur when there is no will, as long as there are probatable assets such as bank accounts solely in the person’s name.
When a person dies without a will, Florida law determines who inherits the assets. They do this through rules known as intestate succession. Depending on the family situation, the surviving spouse, child, or other relatives inherit these assets in a priority order established by the Florida Probate Code.
In a formal administration, the personal representative plays an important role in administering the estate whether or not there is a will. In this case, the beneficiaries together select the person who will be the PR and submit the name to the probate court. That person then carries out all the duties of a PR as if they had been designated in a will.
How to Determine Whether Probate Is Required in Florida
After a person passes away, when the family is ready to begin the process of transferring assets, each asset and their ownership documents must be reviewed.
To determine whether the asset must go through probate, family members should perform the following actions:
- Review how real estate and vehicles are titled.
- Identify whether bank accounts, retirement accounts, and/or investment accounts have a designated beneficiary or a payable on death designation.
- Identify whether any assets qualify as exempt property.
- Determine whether any non-exempt assets remain.
- If assets are held in trust, ensure that the successor trustee has the official papers that created the trust, and that every asset is titled in the trust.
If assets remain to be probated, tally up their value, ignoring assets that pass outside of probate, homestead property, and life insurance policies.
This total helps to determine whether the estate qualifies for summary administration in Florida or formal administration.
Law Office of Gary M. Landau can guide you through this process. Reviewing each asset ensures families understand whether probate in Florida is required and, if so, which portions of the person’s estate may pass directly to heirs.
Can Estate Planning Help Avoid Probate?
One purpose of a well-designed estate plan is to reduce unnecessary probate administration.
Depending on your circumstances, an estate plan may include planning strategies that help certain assets transfer outside the probate process after death. These include:
- Ensuring beneficiary designations are up to date on all accounts.
- Ensuring jointly-owned real estate is held in title properly or that a Lady Bird deed is created when appropriate.
- Creating a revocable living trust when appropriate.
It’s important to periodically review ownership and account registrations of all assets, as everyone’s situation changes over the years and, especially, as new assets are acquired.
Note that estate planning is not simply about avoiding probate. A thoughtful estate plan clarifies your wishes, making it easier for family to manage estate matters later.
A proper estate plan should also include other end-of-life documents, including a healthcare surrogacy and living will.
(See Essential estate planning needs.)
Because each family’s goals are different, an experienced probate lawyer is able to tailor recommendations to each person’s individual circumstances.
When Legal Guidance Can Be Helpful
Even estates that appear straightforward can run into speedbumps. Families sometimes have questions or disagreements about numerous aspects, where additional legal guidance may be needed:
- Questions about whether certain assets are exempt from probate
- The deceased person had significant non-exempt assets, especially a business
- The estate involves real estate in multiple locations
- Family members disagree about the interpretation of a last will
- Disputes arise involving beneficiaries or heirs
- There are questions regarding court filings or the overall probate process
- A certified death certificate has not yet been provided to the appropriate financial institution or other organizations
Working with an experienced probate lawyer early in the process can identify options and reduce unnecessary delays in these and other situations.
Frequently Asked Questions
Does every estate have to go through probate in Florida?
No. Whether probate in Florida is required depends on how the assets were owned and whether assets qualify for exemptions from probate. Some assets transfer automatically through beneficiary designations, joint ownership, or a successor trustee (for trusts).
Does having a last will avoid probate?
No. A last will simply directs how assets should be distributed. If there are assets that need probating, a will is presented to the probate court as part of the administration of the estate.
What assets typically avoid probate?
Assets commonly passing outside probate include retirement accounts with named beneficiaries, bank and investment accounts with a payable on death designation, assets held in a trust, life insurance proceeds payable to a beneficiary, and some jointly owned homes or those with enhanced life-estate (Lady Bird) deeds.
What is summary administration in Florida?
Summary administration in Florida is a simplified probate process available when statutory requirements are met. It makes probating assets easier and faster for estates that qualify. Recent changes to Florida law allow more estates to be probated this way.
What happens if someone dies without a will?
If there are probatable assets, the estate still goes through a Florida probate. In this case, assets are distributed according to Florida’s intestate succession laws rather than according to the desires of the deceased individual.
How long does the Florida probate process take?
The length of the Florida probate process varies depending on the type of administration, the complexity of the estate, whether creditor claims are filed, and whether disputes or other issues require additional court proceedings. In most cases, the process is faster and easier than many people believe.
Serving Coral Springs and Surrounding Broward County Communities
The Law Office of Gary M. Landau assists individuals and families throughout Coral Springs, Fort Lauderdale, and surrounding Broward County communities with Florida probate, estate administration, wills, trusts, and related estate matters. Whether you will be serving as a personal representative, have questions about summary administration, or want to use wills and trusts or property deeds to develop an estate plan that reflects your family’s goals, having an experienced legal guide offers you valuable direction.
The firm also assists clients with probate matters across the state of Florida. We have done probates in nearly every county in Florida.
Schedule a Consultation With the Law Office of Gary M. Landau
If you have questions about whether probate in Florida is required after a loss, the Law Office of Gary M. Landau is happy to discuss your individual circumstances. We are proud to assist individuals and families throughout Coral Springs, Broward County, the surrounding South Florida communities, and across the state with probate and estate planning matters.
Call (954) 979-6566 or complete the online form to schedule a free consultation with the LAW OFFICE OF GARY M. LANDAU today. We offer consultations in person, by phone, or on Zoom.
At the LAW OFFICE OF GARY M. LANDAU, we assist clients throughout Coral Springs, Parkland, Broward County and all other counties in Florida. With more than 25 years of experience in our practice areas and countless satisfied clients, attorney Gary M. Landau and his team are uniquely positioned to help you with your probate and real estate title and closing needs in Coral Springs, Parkland, Boca Raton, and throughout Florida. Whether you’re ready to probate a loved one’s estate or to write your own will, or if you are purchasing a home, have inherited a home, want to change your deed, or want a closing agent to handle title insurance and all documents for your closing or refinancing, the LAW OFFICE OF GARY M. LANDAU, P.A. is ready to work with you.
Call our office at (954) 979-6566 or complete our online form today to schedule a consultation at no cost. We happily work with our clients in person, over the phone, or on Zoom.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction.
LAW OFFICE OF GARY M. LANDAU, P.A.
7401 Wiles Road, Suite 204
Coral Springs, FL 33067
(954) 979-6566
https://www.garylandau.com/