When a loved one passes away, one of the most pressing legal matters is determining which of their assets must go through probate court. This process, while sometimes complex, ensures the fair distribution of an estate and helps resolve outstanding debts.
Our Florida estate planning attorneys regularly help Florida families understand what needs to go through probate and what doesn’t. Knowing the difference helps you avoid unnecessary delays and expenses.
What Is Probate in Florida?
Probate is a legal procedure used to settle a deceased person’s estate. It ensures that:
- The last will and testament (if there is one) is valid
- Assets are distributed correctly
- Creditors are paid
The Florida probate court oversees the entire process. Whether there’s a will or not, the court follows state laws to ensure everything is handled fairly.
Probate also plays a vital role in protecting the interests of all parties involved. It allows beneficiaries to receive their inheritances legally and ensures creditors are paid in a lawful and structured manner. Without this system, disputes can become lengthy, and assets may be distributed improperly.
The Court’s Role in Probate
Florida probate courts do more than just distribute assets. They:
- Appoint a personal representative (executor)
- Confirm the validity of the will
- Supervise the distribution of property
- Settle disputes among heirs or creditors
If anything goes wrong—disputes, delays, or mismanagement—the court steps in to resolve it. This level of oversight is critical in estates involving multiple heirs, large assets, or any hint of disagreement over the will’s terms.
When Probate Is Required
Probate is generally required when an asset cannot legally transfer ownership without court intervention. This includes:
- A home titled only in the deceased’s name
- Financial accounts without named beneficiaries
- Vehicles solely owned by the deceased
- Stocks, bonds, and investment accounts without TOD instructions
- Businesses solely owned by the decedent
When these assets are not placed in a trust or titled with survivorship provisions, Florida law requires probate to ensure proper transfer.
Many clients assume a simple will avoids probate entirely. However, the will must still be verified and processed by the court. Probate ensures the will is authentic and that its terms are carried out as written.
Assets That Can Skip Probate
Fortunately, not every asset must go through probate. Property that’s set up with proper planning often avoids the process. Examples include:
- Jointly held bank accounts with rights of survivorship
- Retirement accounts with named beneficiaries
- Life insurance proceeds directed to specific individuals
- Homes titled in a trust
- Investment accounts with transfer-on-death (TOD) instructions
These tools can keep loved ones from experiencing unnecessary stress during an already emotional time. Setting them up correctly, though, is critical. Errors in naming beneficiaries or titling assets can still force items into probate.
What If There’s No Will?
Even without a will, many assets still require probate. In Florida, state law—called intestate succession—determines who inherits the estate. The probate court ensures those rules are followed.
Here’s what probate does in that case:
- Appoints a personal representative
- Reviews claims from creditors
- Distributes property based on state law
Without a will, there’s often more room for disputes among surviving family members. Probate provides a neutral, legal structure for resolving those conflicts. An attorney can help you understand Florida’s intestacy laws and how they apply to your family.
To understand Florida’s probate courts better, visit the Florida Courts probate page.
Real Estate and Florida Probate Court
Real estate presents special probate challenges. If a home or land is titled solely in the deceased’s name, it must go through probate in Florida—even if the owner lived in another state.
We frequently help clients navigate these real estate issues, including:
- Homestead property protections
- Out-of-state owners with Florida property
- Disputes over who gets the property
Florida’s rules on homestead rights can affect how and when heirs receive the property. Our firm helps families untangle these complexities.
Florida also requires probate if there is no survivorship clause on the deed. This is common in older properties or when the deed was never updated.
In cases involving multiple properties, probate might be needed in each state where property is held—referred to as “ancillary probate.” Florida law has specific steps for managing these multi-jurisdictional cases.
Role of the Personal Representative
The personal representative, or executor, carries out the wishes in the will or follows Florida law if there is no will. They are responsible for:
- Identifying and collecting estate assets
- Paying taxes and debts
- Notifying beneficiaries and creditors
- Filing court documents
- Distributing remaining assets
Because this role involves legal and financial responsibilities, many representatives choose to work closely with an estate planning attorney to avoid mistakes.
A Florida estate planning attorney ensures all required filings are made correctly and helps protect the representative from liability.
Responsibilities Often Overlooked
Personal representatives are often surprised by what the job requires. In addition to locating heirs and beneficiaries, they must:
- File final tax returns
- Manage real estate until it’s sold or transferred
- Settle any disputes among family members
- Handle insurance claims and pensions
They may also need to work with appraisers, real estate agents, and financial advisors to properly value and transfer assets. These roles come with legal risk if performed incorrectly.
Simplified Probate for Small Estates
Florida allows some smaller estates to use simplified procedures:
- Summary administration: Available when the estate is not indebted and is worth $75,000.
- Disposition without administration: Available for very small estates where the only assets are exempt from creditors or used for final expenses.
These options can save families time and money. We help determine eligibility and handle the paperwork to ensure a smooth process.
These streamlined options are especially helpful for families with limited resources or those trying to handle affairs quickly and efficiently.
If your loved one had few assets or planned their estate with these options in mind, a simplified process may be the best solution.
Common Misunderstandings About Probate
There are many myths about probate. Here’s the truth:
- Myth: Having a will avoids probate. A will helps guide probate but doesn’t avoid it.
- Myth: All assets go through probate. Many assets transfer outside probate with proper planning.
- Myth: Probate always takes years. Most Florida probates finish in 6–12 months.
- Myth: Probate is always expensive. Costs are manageable and sometimes avoidable with good legal advice.
Having clear estate plans and proper asset titling can avoid these issues. We regularly help families correct these misunderstandings before they create problems.
How Estate Planning Can Help Avoid Probate Court
Good planning can keep many assets out of probate. Strategies include:
- Creating a living trust
- Adding beneficiaries to accounts
- Holding property jointly with survivorship rights
- Naming TOD/POD beneficiaries
These simple actions can eliminate the need for probate altogether. We assist clients with making sure everything is titled properly and up to date.
Long-Term Benefits of Avoiding Probate
Avoiding probate isn’t just about saving time and money. It also offers:
- Privacy: Probate is a public process. Avoiding it keeps your affairs confidential.
- Speed: Beneficiaries can access assets faster.
- Control: You decide how and when assets are distributed.
With the right guidance, many Florida families are able to skip probate entirely for most of their estate.
Avoiding probate can also prevent sensitive family matters from becoming public. This is particularly important for families with complex or blended relationships.
Why Expert Guidance from a Florida Estate Planning Attorney Matters
Florida’s probate system can be complex. Even small errors—like a missing signature or a misfiled document—can lead to delays, disputes, or missed inheritances. The law contains many exceptions and unique rules, especially when it comes to real estate, personal property, and small estate procedures. Trying to navigate it alone often results in frustration and unnecessary costs.
We’ve helped Florida families with estate matters for over 65 years. We know how stressful probate can be during a time of grief. That’s why our team of skilled Florida estate planning attorneys focuses on making the process clear, manageable, and as smooth as possible.
What Our Legal Support Can Do for You:
- Review your loved one’s estate to determine which assets require probate
- Help personal representatives carry out their duties without risk of legal mistakes
- Avoid costly missteps, such as distributing assets too early or missing court deadlines
- Protect your rights as a beneficiary or heir if disputes arise
- Use estate planning tools like trusts and beneficiary designations to help families avoid probate altogether
Every estate is different. That’s why we take the time to understand your family’s needs, goals, and concerns. Whether you’re planning ahead or facing probate after a loss, our attorneys are here to support you with clarity, compassion, and reliable legal skill.
Contact Us Today For Your Free Consultation
We’re here to help you figure out what goes through probate and how to protect your family’s future. With over 65 years serving Florida, we understand how to simplify the process and protect what matters most.
Contact us today for a free consultation. Let’s make sure your estate—or your loved one’s—is handled properly from the start.
