Do All Estates Have to Go Through Probate in Florida?

Feb 15

The short answer is no — not all estates must go through probate in Florida. Whether probate is required depends on how the deceased person’s assets were owned and whether beneficiaries were properly designated.

Understanding when probate is required can help families avoid unnecessary delays and transfer assets more efficiently.

When Probate Is Required

Probate is typically required when a person dies owning assets in their individual name without a designated beneficiary or joint owner.

Common examples include:

• Real estate titled solely in the decedent’s name

• Bank accounts without payable-on-death beneficiaries

• Investment accounts without transfer-on-death designations

• Vehicles titled solely in the decedent’s name

These assets cannot be legally transferred without a probate court order.

When Probate Is NOT Required

Certain assets transfer automatically and do not require probate.

These include:

• Assets held in a revocable living trust

• Joint accounts with rights of survivorship

• Life insurance with named beneficiaries

• Retirement accounts with named beneficiaries

• Payable-on-death bank accounts

• Transfer-on-death investment accounts

These assets transfer directly to the named beneficiary.

What If the Estate Only Has a House?

If the deceased person owned a home in their individual name, probate is usually required to transfer ownership, even if there is a will.

However, many homes qualify for summary administration, which is faster and more affordable than formal probate.

Summary Administration: Faster Probate Option

Florida offers a simplified probate process called summary administration when:

• The estate is valued at $75,000 or less, or

• The person has been deceased for more than two years

This process often takes only 2–8 weeks.

How to Avoid Probate in the Future

Probate can often be avoided through proper estate planning, including:

• Creating a revocable living trust

• Adding beneficiary designations to accounts

• Using enhanced life estate deeds (Lady Bird deeds)

• Properly titling assets

Flat-Fee Probate Services Starting at $1,500 – Karten Legal

Karten Legal helps families throughout Broward County, Palm Beach County, Miami-Dade County, and all South Florida communities navigate probate efficiently and affordably.

We offer flat-fee probate services starting at $1,500 and guide clients through every step of the process.

Our services include:

• Preparing and filing probate petitions

• Handling court filings

• Assisting with the transfer of real estate

• Ensuring probate is completed properly