Do All Wills Go Through Probate?

Not all wills need to go through probate, but every will must be submitted to the court. In some situations, assets can pass automatically to an heir or other designated party. This can include assets held in irrevocable trusts, some jointly held property, and accounts with named beneficiaries.

Smart estate planning strategies can help avoid or reduce the impact of probate in Florida. An attorney can offer advice, draft documents, or assist you with the probate process if you have recently suffered the loss of a loved one. 

Our probate and trust administration lawyers in Boca Raton can help you understand the probate process in Florida. Our team has more than 100 years of combined legal experience. Call today for your free consultation and tell us about your probate concerns.

What Is Probate in Florida?

Probate in Florida is the court-supervised process used to settle a deceased person’s estate. A will generally goes through probate when the deceased owned assets solely in their name that do not have beneficiary designations and are not held in a trust. Through probate, the court:

• Validates the will
• Identifies and inventories assets
• Pays outstanding debts, taxes, and expenses
• Distributes remaining property to beneficiaries or heirs. 

Probate cases are handled by the circuit court in the county where the person lived at death. It is a complicated process in many cases, and especially so when you’ve just lost a loved one. Our probate administration lawyers can guide you through it. 

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

Do All Wills Have to Go Through Probate?

A will generally goes through probate when the deceased owned assets solely in their name that do not have beneficiary designations and are not held in a trust. The person holding a will must file the original with the local Clerk of the Court within 10 days of learning about the death. 

This is required even if formal probate isn’t needed, so the will becomes part of the public record. A will must go through probate in Florida if the deceased owned any of the following:

• Solely Owned Real Estate: Any property in the decedent’s name alone, except homestead property.
• Individual Bank Accounts: Accounts without a Payable-on-Death or Transfer-on-Death beneficiary.
• Estate as Beneficiary: Life insurance or retirement accounts that name the estate instead of a specific person.

When Does a Will Not Need to Go Through Probate?

Assets may not need to go through probate if the estate is small or certain assets have designated beneficiaries. Common examples of assets that may skip the probate process include:

• Trust Assets: Property in a revocable or irrevocable trust goes straight to the beneficiaries, skipping probate.
• Jointly Owned Property: Assets held as joint tenants with right of survivorship automatically pass to the surviving owner.
• Named Beneficiaries: Accounts with Payable-on-Death or Transfer-on-Death designations, including life insurance and retirement accounts, go directly to the person named.

Assets solely in the deceased’s name usually require probate unless a co-owner or beneficiary is named. Small estates may qualify for simplified procedures to bypass full probate. A will does not avoid probate; it simply directs the court on how to distribute assets that don’t transfer automatically.

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Is There a Way to Skip Probate Completely?

Having a will does not let you skip probate. According to Florida Statute 732.901, the custodian of the will must submit it to the county clerk within 10 days after discovering the death. There is no legal way to skip this step when a will exists.    

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What Is the Difference Between Probate and Intestate?

If no will exists, the person is considered intestate. Florida law then decides who inherits the estate. Typically, assets go first to the spouse and children, or if none, to other relatives in a specific order. Probate is still required to legally transfer ownership and resolve debts.

The existence of a will guides the court during the probate process. It makes sure the deceased’s assets are distributed according to their wishes. 

What Happens if You Don’t Go Through Probate?

Skipping probate when it’s legally required can create a title deadlock, preventing heirs from fully owning or managing the deceased’s property. Access to assets may be blocked, disputes can occur, and creditors may claim unpaid debts, reducing what heirs receive.

Can You Get Help With Probate?

If you have a will, it goes through probate. While every will must be submitted, some assets may pass on directly. Whether assets bypass probate depends on the will, estate size, and any beneficiary designations or estate planning tools the deceased used. 

Probate can be confusing, stressful, and time-consuming. It’s smart to get legal help from an attorney who works with elder law issues. Our attorneys can help you understand how probate works in Florida and take away the legal burden after the loss of a loved one. 

The Siegel Law Group, P.A., serves families and seniors in Boca Raton and southern Florida.  Call now to schedule your free consultation. 

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