Do You Need Probate in Florida? (2026)

Not all assets in a Florida estate need to go through probate. This guide explains which assets require court involvement and which pass directly to beneficiaries.

Assets That Avoid Probate in Florida

• Joint bank accounts (pass to co-owner)
• Payable-on-death (POD) accounts
• Life insurance (unless estate is beneficiary)
• Retirement accounts with named beneficiaries
• Trust assets (handled by trustee)
• Transfer-on-death vehicles
• Jointly held real property

Assets That Require Probate

• Bank accounts owned solely with no beneficiary
• Real property owned solely
• Vehicles titled in decedent's name only
• Sole business interests
• Personal property with no beneficiary designation

Florida's Streamlined Route

For estates under $150,000 with no real property, Florida offers summary administration: no waiting period and typically closes in 2 to 4 months.

Learn more in our Florida summary administration guide.

Quick Test

1. List all assets
2. Remove those with named beneficiaries or joint owners
3. Remove trust assets
4. Add up the remainder
5. If under $150,000 and no real property, summary administration applies
6. If over $150,000 or includes real property, full probate is necessary

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Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For questions about your specific Florida estate, consult an attorney licensed in Florida.