To avoid probate in Florida, title assets so they pass outside a will: a funded revocable living trust, beneficiary designations, pay on death bank accounts (section 655.82), transfer on death securities registration (section 711.509), joint ownership with survivorship (section 689.15) or a lady bird deed. A will alone does not avoid probate.
Probate is the court process that transfers a person's property after death. In Florida it confirms the personal representative, gives creditors a chance to file claims and oversees distribution. It works, but it takes time, it costs money and the court file is public. The good news is that much of what people own can pass outside probate with a little planning. This guide walks through the main methods, what each one costs you in flexibility, and what drives probate cost when it cannot be avoided.
Why does probate happen at all?
Probate is needed for assets the person owned in their own name alone, with no beneficiary, no surviving co owner and no trust. A will does not avoid probate; it tells the probate court what you want. So the goal is not to write a better will, but to make sure as few assets as possible are left in your sole name without a plan for how they pass. Our Florida probate administration page explains the process for assets that do go through court.
What are the main ways to avoid probate in Florida?
- A funded revocable living trust. Under the Florida Trust Code, assets titled in the trust pass without probate, and your successor trustee can manage them if you become incapacitated. Pros: covers almost any asset, plans for incapacity, private, can hold an inheritance for a beneficiary. Cons: more work up front, and it only controls what you actually retitle into it. Read more about revocable living trusts.
- Beneficiary designations. Life insurance, retirement accounts and annuities pass to the beneficiaries you name with the company. Pros: simple and free. Cons: easy to forget to update after a marriage, divorce or death, and naming your estate or no one can push the asset back into probate.
- Pay on death bank accounts. Under section 655.82, a pay on death account passes to the named beneficiaries when the sole or last surviving owner dies. Pros: set up at your bank, no cost. Cons: the funds go outright, and if several beneficiaries survive they share equally under the statute, which may not match your plan.
- Transfer on death registration for securities. Sections 711.50 to 711.512 let you register brokerage accounts and securities to a beneficiary, and section 711.509 says the resulting transfer is not testamentary. Pros: simple. Cons: same coordination risks as beneficiary designations.
- Joint ownership with right of survivorship. Under section 689.15, co owners are tenants in common unless the deed or account expressly provides for survivorship, while married couples can hold property as tenants by the entirety. Pros: the survivor takes automatically. Cons: adding a child is a present gift, the co owner must join in any sale, the property may be exposed to the co owner's creditors, and when the last owner dies, probate may still be needed.
- A lady bird deed for real estate. An enhanced life estate deed keeps your control for life and names who receives the property at death. Pros: simple for a single home. Cons: covers one property, must be drafted around Florida homestead rules, and does not plan for incapacity. Our lady bird deed guide explains it in full, and our post on transfer on death deeds explains why Florida homeowners rely on it.
Which assets need the most attention?
| Asset | Common way to pass outside probate | Watch out for |
|---|---|---|
| Home | Trust or lady bird deed | Homestead limits if survived by a spouse or minor child (s. 732.4015) |
| Bank accounts | Pay on death designation or trust | Equal shares among surviving POD beneficiaries (s. 655.82) |
| Brokerage accounts | Transfer on death registration or trust | Keeping beneficiaries current |
| Retirement accounts and life insurance | Beneficiary designation | Naming the estate, or an outdated former spouse |
| Vehicles and personal belongings | Trust assignment | Items left in your own name |
| Business interests | Trust, with entity documents updated | Operating agreement transfer limits |
What if some probate is unavoidable?
Even good plans leave something behind, such as a refund check or a car. Florida offers shorter routes for smaller estates:
- Summary administration. Under section 735.201, as amended by chapter 2026-57, Laws of Florida, it is generally available when the non exempt estate is $150,000 or less, or when the person died more than two years ago. The limit was raised from $75,000 effective July 1, 2026; for deaths before that date, ask us which limit applies.
- Disposition without administration. Under section 735.301, very small estates made up of exempt property and limited personal property can sometimes be released without a full probate.
A pour over will remains important as a safety net, so anything left outside the plan still reaches your trust.
What drives Florida probate cost and time?
We do not quote probate costs or timelines, because they vary widely. These are the factors that move them:
- Type of administration. Formal administration involves more steps than summary administration.
- Creditor process. In formal administration, creditors generally have three months from first publication of the notice to creditors to file claims (section 733.702), so the estate cannot close before that.
- Size and complexity of the assets. Real estate, business interests and property in other states add work.
- Disputes. Will contests, family disagreements and contested claims add time and cost.
- How organized the records are. Missing account information, unclear titles and lost original documents slow everything down.
- Court fees and publication costs. These are set outside the family's control.
The single biggest lever is planning ahead. If you would like help reviewing how your assets are titled, talk with an attorney. We meet clients at our Fort Lauderdale office and our other Florida offices.
A simple plan to keep your estate out of probate
- Inventory what you own and how each asset is titled.
- Decide whether a trust fits, using our will vs trust guide.
- Update beneficiary and pay on death designations so they match your plan.
- Handle your home with a trust or lady bird deed, drafted around homestead rules.
- Sign a pour over will, a durable power of attorney and health care documents.
- Review every few years and after major life events.
David Cannady is the founding partner of Cannady & Associates. A former Florida prosecutor, he was admitted to The Florida Bar in 2014 and earned his J.D. at Florida State University College of Law.
This article is general information about Florida law, not legal advice for your situation. Laws change; talk to a lawyer about your facts.
