When Probate Is Required: A Florida-Focused Guide from The Siegel Law Group, P.A.

If someone you love has passed away-or if you are thinking about your own future-you probably want a straight answer: when is probate required, and can it be avoided? This guide walks through the rules under Florida law, explains which assets trigger the probate process, and offers practical steps South Florida families can take to protect their loved ones from unnecessary court involvement.

Quick Answer: When Probate Is Required in Florida

Probate is required in Florida when a deceased person owned assets in their name alone and those assets have no built-in mechanism to transfer automatically at death. For example, if someone passes away owning a Boca Raton condo titled only in their name-or a checking account with no joint owner and no named beneficiary-those assets cannot legally change hands without court approval. Probate is required for the deceased’s assets when they were solely owned, and real estate titled only in the deceased’s name requires probate as well.

The necessity of probate varies by state depending on asset type and value. In North Carolina, estates over $20,000 typically require probate; in Illinois, personal property over $150,000 triggers probate. Florida has its own thresholds that determine whether a smaller estates procedure (summary administration) or full probate (formal administration) applies. Non probate assets-joint accounts with right of survivorship, retirement accounts with a named beneficiary, life insurance policies with a living beneficiary, and assets held in a revocable living trust-usually do not have to go through probate.

The Siegel Law Group, P.A. helps South Florida families quickly determine whether probate needed and, if so, which probate procedure fits their situation.

For a free legal consultation, call 561-955-8515

What Is Probate? (And How the Probate Process Works)

Probate is a court-supervised process for asset distribution. Under Florida law, the probate court oversees gathering all the assets left by a deceased person, paying valid debts, and distributing the remaining assets to the rightful heirs or beneficiaries. Probate serves to pay debts and distribute remaining property to heirs or beneficiaries, and a personal representative manages the deceased person’s estate throughout this legal process.

In Palm Beach and Broward counties, the probate process typically works like this: a petition is filed with the court, the court appoints a person appointed as personal representative, creditors are notified (often through a notice published in a local newspaper), the estate assets are inventoried, debts are paid, and remaining assets are distributed. Concrete examples of probate assets include a single-owner bank account in Boca Raton, a car titled only in the decedent’s name, or a rental home in Delray Beach with no joint owner or trust.

An important distinction: assets held in a revocable living trust typically avoid probate because the trust-not the individual-legally owns them at death. Trust administration is handled privately by a successor trustee. Probate proceedings, on the other hand, become public record in Florida, meaning anyone can look up the deceased’s property, debts, and beneficiaries.

The Real Cost of Skipping Estate Planning in Florida

Many people assume that estate planning can wait, but failing to create a comprehensive estate plan often leaves families facing avoidable burdens. Without proper planning, Florida probate fees, court costs, and statutory intestate succession rules can erode an estate’s assets, delay asset distribution, and strain family relationships during an already emotional time. Losing a loved one is difficult enough on its own; dealing with complicated court supervision and unexpected legal expenses only adds unnecessary stress to the process. Establishing clear transfer mechanisms—such as revocable living trusts or updated beneficiary designations—helps ensure your assets pass efficiently to your intended heirs while protecting your family’s peace of mind.

When Probate Is Required in Florida

Whether probate is required depends on how each asset is titled at death and whether there is a built-in transfer mechanism. Here are the most common triggers:

Real property in the decedent’s sole name. A person’s property that is titled solely in the decedent’s name, such as a homestead in Boca Raton or a rental condo in Fort Lauderdale with no joint ownership, no trust, and no enhanced life estate (Lady Bird deed), will require probate to transfer property to the heirs.

Bank accounts and investment accounts without a beneficiary designation. If bank accounts or brokerage accounts are titled only in the deceased person’s name-with no payable-on-death (POD), transfer-on-death (TOD), or named beneficiary-probate is needed. Probate is needed if no beneficiary is named for accounts.

Significant personal property with no estate plan. When a person dies with non-exempt personal property, personal items, personal belongings, and other assets exceeding Florida’s summary administration threshold, formal administration is generally required. Debts must be paid before distributing remaining assets to beneficiaries.

Estates with or without a valid will. If there is a will, it must typically be filed with the probate court and admitted to probate so the court oversees distribution. Probate is often required if the deceased died without a valid will-Florida’s intestate laws then dictate who inherits.

Ancillary probate for non-residents. If a New York resident owned a Miami Beach condo titled individually, ancillary probate proceedings in Florida are required to transfer that real property-even if primary probate is handled in New York.

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When Probate Is Not Required (Non-Probate Assets and Automatic Transfers)

Many assets are specifically designed to avoid probate, passing automatically at death without court involvement.

Joint ownership. Jointly owned assets pass directly to the surviving owner. In Florida, married couples often hold property as tenants by the entirety, meaning the surviving spouse receives the home automatically. A joint tenant on a bank account similarly becomes the surviving owner when the other owner dies.

Beneficiary designations. Accounts with named beneficiaries bypass probate entirely. This includes life insurance policies, retirement accounts (IRAs, 401(k)s), annuities, and similar accounts with a clear beneficiary designation. Beneficiary designations on accounts bypass probate, keeping those assets out of the probate process altogether.

Trust-held assets. Assets in a trust avoid probate entirely. When a revocable living trust owns the home, bank accounts, or investment accounts, the successor trustee distributes them privately. Probate can be avoided if assets are held in a living trust prior to death. Assets held in a trust avoid the probate process completely.

POD and TOD registrations. Payable-on-death accounts transfer directly to named beneficiaries, and transfer-on-death designations on brokerage accounts work the same way. Transfer-on-death deeds allow real estate to bypass probate as well.

One important nuance: if all named beneficiaries are deceased, or if joint ownership was not properly established, those assets may revert to being probate assets-and the estate will require probate after all. This is why designating beneficiaries correctly and reviewing them regularly matters so much.

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Florida Probate Types: Formal Administration vs. Summary Administration

Florida offers different probate procedures depending on the estate’s size and circumstances. Choosing the right one can save significant time and money.

Formal administration is the standard, full probate process. It applies when the decedent’s estate includes non-exempt probate assets above the summary threshold, or when the estate is complex, contested, or involves disputed wills or family conflicts that often require intervention from probate court. In formal administration, a personal representative is appointed, creditors are notified, and the court oversees every step. Probate can take a minimum of four months to complete, and formal administration in Florida commonly takes six to twelve months or longer. For comparison, probate generally takes about a year in Georgia. Filing fees for formal administration run about $400, and attorney fees often follow a statutory schedule.

Summary administration is a streamlined probate procedure available when the value of the decedent’s non-exempt estate assets is $75,000 or less (this threshold rises to $150,000 for decedents who die after July 1, 2026), or when the decedent died more than two years ago. Small estates under $150,000 may avoid full probate through this route. Small-estate procedures allow simplified processes for estates below specific thresholds-no personal representative is appointed, and the process often wraps up in one to three months.

Quick comparison:

Even when summary administration is available, some families prefer formal administration-especially when there are creditor claims or complex assets involved. A probate attorney can help you choose the right path. Learn more about the types of probate in Florida.

Common Situations That Force an Estate to Go Through Probate

Certain common mistakes or omissions in estate planning often mean probate is required-even for otherwise straightforward families.

• Unfunded trusts. A revocable living trust was signed, but the home and bank accounts were never retitled into the trust. Those assets left outside the trust are still probate assets that must go through probate.

• Outdated or missing beneficiary designations. Life insurance naming a deceased ex-spouse, retirement accounts with no primary or contingent beneficiary, or accounts that default to “estate” as the beneficiary-all of these trigger probate proceedings. Use a beneficiary designation checklist to catch these gaps.

• Property in one spouse’s name only. A second home purchased before marriage and never retitled as joint tenancy or placed in a trust will often require probate at that spouse’s death, even if the couple assumed it would pass automatically to the surviving spouse.

• Business interests. An LLC membership interest or shares in a small corporation owned solely by the decedent often require probate to legally transfer ownership under state law or the company’s operating agreement.

Plan ahead through comprehensive estate planning so these common triggers can often be avoided entirely.

Special Circumstances: No Will, Minor Heirs, Debts, and Out-of-State Property

Probate is more likely to be required when an estate involves legal complications-even if the assets involved are modest.

Dying without a will (intestacy). When a person dies without a valid will, intestate succession under Florida law-not the family’s wishes-dictates who inherits. A probate court must appoint a personal representative, and the entire estate must go through the formal probate process.

Minor children or incapacitated beneficiaries. Courts often require guardianship or special protective arrangements when heirs are minors, making probate or related court involvement unavoidable.

Significant debts. Probate is needed to settle unpaid debts and creditor claims of the deceased. Florida’s creditor-claim procedures allow the personal representative to notify creditors, review claims, and cut off stale ones-protecting the beneficiaries from future surprises.

Property in multiple states. A New Jersey resident who owned a Boca Raton condo and a North Carolina mountain cabin may trigger three separate probate proceedings: a primary probate in New Jersey, ancillary probate in Florida, and ancillary probate in North Carolina. Each state has its own rules about what assets pass through its courts. Coordinating with a Florida probate lawyer can minimize delays and legal costs.

Does Every Estate Have to Go Through Probate? How to Avoid Probate Where Possible

Not every estate has to go through probate. Thoughtful estate planning can often avoid probate entirely-or limit it to a very small portion of the deceased’s estate.

Here are the strategies South Florida residents most commonly use:

1. Create and properly fund a revocable living trust to hold the home, bank accounts, and investments during life. The trust-not your personal name-owns those assets, so they pass privately to your beneficiaries.

2. Use joint ownership and rights of survivorship carefully. Jointly owned assets pass directly to the surviving owner, but casual joint ownership can create creditor exposure or unintended beneficiaries. It works best as part of a coordinated plan.

3. Name and regularly update beneficiaries on life insurance policies, retirement accounts, annuities, and POD/TOD accounts. When a named beneficiary is living and clearly designated, those assets pass without court involvement.

4. Use a pour-over will to catch overlooked or newly discovered other assets and direct them into your trust, even if limited probate is still needed for those items.

Transfer-on-death deeds allow real estate to avoid probate in states that recognize them. Probate-avoidance should be part of a broader estate plan that also covers incapacity planning (powers of attorney, health care directives) and long-term care planning-not just what happens after death.

Working with a Florida Probate Attorney: How The Siegel Law Group, P.A. Can Help

When a person dies and the family is unsure whether probate is required, working with an experienced probate attorney can save significant time, money, and stress. The Siegel Law Group, P.A. assists families throughout Palm Beach, Broward, and Miami-Dade counties by reviewing how each asset is titled, determining whether probate is needed, choosing between summary and formal administration, and preparing and filing all necessary court documents, including a document called for the specific probate procedure or transfer method involved.

The firm also helps successor trustees administer trusts, coordinate with financial institutions to transfer ownership of all the assets, and handle both probate and non probate assets as part of a unified estate plan. As managing partner of a firm focused on estate planning, elder law, and probate, the team emphasizes personalized, long-term relationships-“your law firm for life and beyond”-rather than one-time transactions.

Ready to find out where your estate stands?Schedule a free consultation to review your existing plan, understand whether probate would be required if something happened today, and explore strategies to streamline or avoid probate for your family. The goal is simple: peace of mind and protection for the people you love.

Plan Ahead: Building an Estate Plan That Minimizes Future Probate Problems

Understanding when probate is required is the first step. Creating a comprehensive estate plan is how you control the outcome for your family.

Practical next steps you can take today:

• Inventory your assets-homes, bank accounts, investment accounts, other property, and personal items

• Check current titles and beneficiary designations on every account

• Identify any solely owned assets that would require probate

• Write everything down and bring it to your estate planning attorney

A modern Florida estate plan typically combines a revocable living trust, pour-over will, durable financial power of attorney, health care surrogate designation, and living will-covering both lifetime incapacity and post-death transfers. Learn more about the six components of a comprehensive estate plan.

The Siegel Law Group, P.A. routinely updates and customizes estate plans for South Florida residents as life changes-marriage, divorce, new children or grandchildren, purchasing a new home, or relocating to or from Florida. Every person of sound mind can plan ahead while healthy and capable, avoiding expensive and stressful probate proceedings later for their spouses, children, and other loved ones.

Contact The Siegel Law Group, P.A. today for a complimentary estate planning and probate review. A clear title on every asset, updated beneficiary designations, and a properly funded trust can mean the difference between months of court proceedings and a smooth, private transfer of your family’s wealth.

Call or text 561-955-8515 or complete a Free Case Evaluation form