Is Probate Required For All Florida Estates?

Probate is not always required in Florida when a person dies, and there are several situations where the deceased's assets can pass without probate.

It is important to remember that probate can be complicated, and an experienced attorney can help you determine if you need to probate an estate.

So when is probate not required in Florida?

  • Assets with a beneficiary or pay-on-death designations. For example, a life insurance policy or an IRA with a named beneficiary.

  • Assets are titled jointly. For example, you hold a deed with joint rights of survivorship or a ladybird deed.

  • Life insurance policy(s) or an IRA

  • Assets held in a Living Trust (these are sometimes called revocable trusts)

Published: Oct 10, 2022

Updated: Dec 8, 2023

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This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

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