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How Assets Transfer After Death in Florida

Not all assets go through probate. Understanding how each type of asset transfers can save time, money, and stress.

The key question is: Did the deceased set up a way for this asset to transfer automatically?

Transfers Automatically (No Probate)

These assets have a built-in mechanism to transfer to a named person.

Joint accounts with survivorshipBeneficiary designationsTransfer on Death registrations

Requires Probate

Assets solely in the deceased's name with no beneficiary designation must go through probate.

Individual bank accountsReal estate in deceased's name onlyPersonal property

Special Florida Rules

Some assets have unique Florida-specific transfer rules.

Homestead propertyVehicles (exempt property)Small estates

Select an Asset Type

Sources: Florida Statutes Chapter 732 (Probate Code) | Florida Statutes Chapter 655 (Financial Institutions) | Florida Statutes Chapter 711 (Uniform TOD Security Registration Act) | Article X, Section 4, Florida Constitution (Homestead) | Florida Bar Consumer Pamphlet: Probate in Florida

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Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in Florida?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership always avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).

Information current as of April 11, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Florida can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.