Do All Assets Go Through Probate in Florida? Let’s Bust Some Myths!

“Everything has to go through probate... right?”

Not quite! If you’ve ever been told that everything must pass through Florida probate court — consider that myth officially busted.

Let’s break down which assets DO go through probate, which ones don’t, and how to avoid surprises after someone passes.

✅ What Does Go Through Probate in Florida?

Generally speaking, if an asset was:

• Solely in the decedent’s name;

• Didn’t have a beneficiary designation; and

• Wasn’t owned in a trust or joint ownership

…it’s headed for probate.

Examples:

• A home titled in just one name (no spouse, no co-owner, no trust)

• A bank account without a “payable on death” (POD) or beneficiary designation

• Personal property (cars, furniture, jewelry, etc.)

These assets must be handled through the court to officially transfer ownership.

🚫 What Skips Probate in Florida?

Now for the good news — some assets automatically pass to others without court involvement.

Probate-skipping assets:

• Joint bank accounts with rights of survivorship

• Life insurance policies with named beneficiaries

• Retirement accounts (401k, IRA) with named beneficiaries

• Transfer-on-death (TOD) accounts

• Assets titled in a revocable living trust

• Real estate held as “tenants by the entirety” (for married couples) or "Joint Tenants with Rights of Survivorship" (for everyone else)

If there’s a designated beneficiary or co-owner, then probate typically isn’t needed for those assets.

⚠️ Common Probate Myths (Don’t Fall for These!)

Myth #1: A Will avoids probate.

• Nope! A will actually goes through probate — it’s your instructions for probate. Only trusts and beneficiary designations avoid it.

Myth #2: If I’m married, everything passes to my spouse automatically.

• Not always. It depends on how things are titled. Sole ownership of assets without beneficiary designations? Probate is likely.

Myth #3: I don’t need to worry because I have a power of attorney.

• Power of attorney terminates at death. It doesn't transfer assets or help with probate.

🧠 So... How Do I Actually Avoid Probate?

Simple. Plan ahead!

• Set up a revocable living trust and fund it properly

• Add beneficiaries to accounts

• Use transfer-on-death designations

• Talk to an experienced local estate planning attorney to see what’s best for your family and your situation. Not everything is "one size fits all!"

📌Final Takeaway

You don’t have to be a legal expert to make smart decisions — but you do need to understand what goes where. If you’re not sure whether something will pass through probate, we’re happy to take a look.

👋 Reach out anytime — no judgment, just friendly Florida guidance.