Probate in Florida: Whether an asset goes through probate depends upon how it was titled and whether there were any beneficiaries designated on the asset. The existence of a will does not prevent probate. Generally, assets that were titled solely in the name of the deceased party and that do not have a designated beneficiary go through probate. For example:
- Bank accounts not designated as payable on death or without joint ownership.
- Real estate titled solely in the deceased’s name
- Vehicles such as cars, boats, or planes titled only in the name of the deceased
- Investment accounts without a designated beneficiary
- Insurance policies without a valid beneficiary (such as where the named beneficiary passed away before the deceased in your case)
Assets That Do Not Require Probate
While many assets go through probate, some are exempt. These assets automatically transfer ownership to the named beneficiaries or co-owners. Common assets that do not need to go through probate include:
- Assets in trusts
- Life insurance policies with a named beneficiary
- 401(k) accounts and other retirement funds with designated beneficiaries
- Bank accounts with a payable-on-death designation.
- Jointly owned property, such as real estate or bank accounts
Does Household Property Go Through Probate?
If not jointly owned with someone else (such as a spouse), household property, such as furnishings, clothing, jewelry, etc. is legally part of the estate; however, as a practical matter, these items typically do not become involved in the probate process unless there is a dispute among the beneficiaries.
About the Author
Andrew J. Oram
Andrew J. Oram is the founder and lead attorney at Oram Law, where he focuses on probate, estate planning, and real estate law. A proud double Gator, Andrew graduated summa cum laude from the University of Florida with degrees in English and Spanish, and went on to earn his Juris Doctor from the UF Levin College of Law. Known for his upbeat, client-first approach, Andrew blends deep legal knowledge with the smart use of technology to make complex legal processes easier and more efficient. His blog articles reflect a commitment to demystifying transactional law, offering practical guidance with clarity, responsiveness, and a personal touch.