What Assets Have to Go Through Probate in Florida?

If you’re planning your estate—or settling a loved one’s affairs—you may be wondering: “What assets have to go through probate in Florida?” This is one of the most important questions families across Tampa, St. Petersburg, Clearwater, and the greater Tampa Bay area ask, and the answer can make the difference between a smooth transition and months (or years) of court involvement.

In Florida, whether an asset goes through probate depends entirely on how it is owned and whether it has a valid beneficiary designation. Probate exists to transfer assets that have no automatic way of passing to someone else.

Below is a clear, easy-to-understand breakdown of which assets must go through probate in Florida—and how you can avoid probate altogether.

What Is Probate?

Probate is the court-supervised process used to transfer assets from someone who has died to their heirs or beneficiaries. Probate is required when there is no automatic mechanism for transferring ownership.

Probate is:

• Slow (often 6–12 months or more)
• Expensive (Florida probate commonly costs $25,000–$45,000 or more)
• Public (anyone can view the estate records)

Because of these challenges, knowing which assets trigger probate is essential.

Assets That MUST Go Through Probate in Florida

An asset must go through probate if it is:

• Owned solely in the deceased person’s name, and
• Has no beneficiary, no co-owner, and no trust ownership

Here are the most common examples:

1. Real Estate Owned Individually

If the deceased person owned a home, rental property, land, or vacation property *in their sole name*, it must go through probate unless:

• It was owned jointly with rights of survivorship, or
• It was titled in a trust, or
• It had a Lady Bird deed

Most Florida probate cases involve real estate.

2. Bank Accounts Without a Co-Owner or Beneficiary

Accounts titled only in the deceased person’s name must go through probate. These include:

• Checking accounts
• Savings accounts
• Money market accounts
• Certificates of deposit (CDs)

3. Investment and Brokerage Accounts Without TOD/POD Designations

If there is no beneficiary designation or transfer-on-death (TOD) setup, probate is required.

4. Vehicles, Boats, and RVs Owned Individually

These must go through probate unless:

• They were jointly titled with rights of survivorship, or
• A transfer-on-death title was properly set up

5. Personal Property

Personal belongings typically transferred through probate include:

• Furniture and household items
• Jewelry and collections
• Electronics and valuables

These items are usually grouped into the estate for distribution.

6. Business Interests

If the deceased owned:

• Sole proprietorship assets
• LLC membership interests
• Shares in a corporation (not jointly owned)

—those interests must go through probate unless held in a trust or business succession plan.

Assets That Do NOT Go Through Probate in Florida

These assets transfer automatically and bypass probate:

1. Trust Assets

Anything titled in the name of a revocable living trust avoids probate entirely.

2. Lady Bird Deed (Enhanced Life Estate Deed) Property

Florida’s Lady Bird deed allows real estate to pass automatically to beneficiaries at death.

3. Jointly Owned Property with Survivorship

Examples include:

• Joint tenancy with right of survivorship
• Tenancy by the entirety for married couples

4. Accounts with Beneficiary Designations

• Life insurance
• Retirement accounts (IRA, 401(k), 403(b))
• Annuities

5. POD and TOD Accounts

Pay-on-death (POD) and transfer-on-death (TOD) designations bypass probate automatically.

How to Know if an Asset Needs Probate

Ask these two questions:

1. Was the asset solely owned by the deceased?
2. Does the asset lack a beneficiary or co-owner?

If the answer to both is “yes,” the asset requires probate.

Why It Matters

If even one asset requires probate, the entire estate may need to go through formal administration—Florida’s full probate process.

This means:

• Attorney fees (often 3%–7% or more of the estate)
• Court costs
• Delays of 6–12+ months
• Public disclosure of assets

How to Avoid Probate in Florida

To keep your family out of court, consider:

• Creating a revocable living trust
• Using a Lady Bird deed
• Updating beneficiary designations
• Adding POD/TOD instructions to accounts
• Ensuring proper joint ownership (when appropriate)

Most Tampa Bay families choose a trust-based plan because it avoids probate entirely, keeps everything private, and ensures fast, stress-free distribution.

Want to Make Sure Your Assets Avoid Probate?

At De Paz Law, we help families in Tampa, St. Petersburg, Clearwater, Largo, and throughout Tampa Bay understand which assets trigger probate—and how to avoid it.

If you want to structure your assets so your loved ones avoid expensive and time-consuming court involvement, call us today to schedule a consultation.