When a loved one dies, figuring out what happens to their property can quickly become confusing. You may wonder whether every asset requires probate, the court process for settling an estate after death. In Florida, some property can pass directly to another person if the owner set up the right ownership arrangement or named a beneficiary before death.
Which assets may pass outside probate?
Check how each asset was owned and whether it has a designated beneficiary. Assets that can pass outside probate include:
- Property transferred into a revocable living trust, which the owner can change during their lifetime.
- Joint property with a right of survivorship, meaning it passes automatically to the surviving owner. Property married couples hold as tenants by the entirety, a form of joint ownership, may also pass to the spouse.
- Bank accounts with a pay-on-death beneficiary and stocks, bonds or investments in eligible brokerage accounts with a transfer-on-death beneficiary.
- Retirement accounts or life insurance policies with a designated beneficiary.
- Real estate covered by an enhanced life estate deed, or Lady Bird deed, which can pass to a designated beneficiary at death.
These arrangements must exist when the owner dies. You cannot create them afterward to remove property from probate.
What if some assets still require probate?
If your loved one owned assets only in their name and no other transfer method applies, probate may still be necessary.
Florida Statutes Section 735.201 allows summary administration, a streamlined probate process. The law raised the limit from $75,000 to $150,000 effective July 1, 2026. Summary administration may also be available if the person has been dead for more than two years. If there is a will, additional requirements apply.
A qualifying primary residence, known as homestead property, follows special rules that can affect how it passes after death, especially if the owner leaves a spouse, children or other descendants.
Very small estates may qualify for disposition without administration when the person leaves only certain types of personal property. The value of nonexempt property is limited based on certain funeral expenses and medical or hospital costs from the last 60 days of the final illness.
Know what needs probate before moving forward
Not every asset your loved one owned will necessarily become part of the probate estate. Reviewing deeds, account statements, beneficiary forms and trust documents can help you separate property that may transfer directly from assets that may require probate. If ownership is unclear, the estate includes homestead property or probate appears necessary, legal guidance can help you determine which Florida process fits the estate and what steps may come next.