Whether your estate will need probate depends largely on how your property is owned and how it is directed to pass at death. Thoughtful planning can reduce the property requiring court administration and give your family clearer instructions. The right approach should also protect your control during life and provide practical support if you become unable to manage your affairs.
Assets that Do Not Go Through Probate
Several arrangements can transfer particular assets without a probate transfer. Common examples include:
- Assets Properly Held in Trust: A valid, funded trust can allow a successor trustee to administer covered property without probate for those assets. A trust is useful in many plans, but is not necessary for every family and does not guarantee immediate distribution or eliminate possible court disputes. Property, insurance and tax considerations should guide funding.
- Effective Beneficiary Designations: Retirement accounts, life insurance and certain other accounts can pass to a surviving, eligible named beneficiary under their governing terms. A designation that fails, names the estate or lacks a workable contingent beneficiary can produce a different result. Coordinate the forms with your will and any trust.
- Ownership with Survivorship Rights: An effective right of survivorship can transfer a deceased owner’s interest to the surviving owner. Joint ownership without survivorship, such as a tenancy in common, does not have that effect. Review the deed or account agreement rather than assuming all shared property avoids probate.
If all property passes through effective nonprobate arrangements, an estate administration may be unnecessary. Other duties, including depositing an original will and resolving appropriate tax or title issues, may remain. A court proceeding can also be needed for matters other than transferring listed assets.
For property that does require administration, the current Florida summary-administration statute allows a value route of $150,000 or less after subtracting property exempt from creditors’ claims, or a route based on a death more than two years ago. A will must not direct administration under chapter 733, and other procedural and creditor requirements still apply. Limited disposition-without-administration procedures concern only qualifying personal-property estates, not every estate with few assets.
Verras Law can review your ownership arrangements, beneficiary designations and documents together. We will help you choose a plan that fits your family and explain what your loved ones may need to do when the time comes.
Sources: Florida Statutes § 735.201; Florida Statutes § 735.301; Florida Statutes § 732.901.
Updated October 26, 2026.