Do I need probate in Florida?

The 30-second answer: probate is required to transfer ownership of an asset that is titled in the decedent's name alone, with no surviving co-owner and no beneficiary designation. Anything that has a surviving co-owner, a named beneficiary, or sits in a trust generally does not need probate.

Lots of estates have nothing in the decedent's name alone, or have just one or two small items. Those estates may need a tiny version of probate (or no court process at all). We tell families this on the first call when it's true.

When you DO need probate

You need a probate proceeding if the decedent owned anything solely in their name without a beneficiary designation. The most common examples:

• A house titled in the decedent's name alone (no surviving spouse on the deed, no Lady Bird deed, no trust ownership). This is the #1 reason families end up in probate.
• A bank or brokerage account in their name only with no payable-on-death (POD) or transfer-on-death (TOD) beneficiary.
• A car, boat, or other titled property in their name without a TOD beneficiary on the title.
• Personal property of meaningful value (jewelry, art, business interests) where ownership transfer is contested or the buyer/recipient demands clean documentation.
• A pending lawsuit, settlement, or claim where the decedent was a party — those don't transfer without court appointment of a personal representative.

If any of these apply, probate is on the menu — but which kind of probate matters a lot. Florida has five paths, and three of them are fast and cheap. The next section walks through them.

The five paths — and which one fits you

Florida courts handle probate through five distinct procedures. They differ enormously in cost, speed, and complexity. Most families fit into one of the first three.

• Disposition Without Administration — for tiny estates (typically under ~$6,000 of non-exempt assets and only final-illness/funeral expenses). One form, no PR appointment, often resolved in days. Free or near-free.
• Summary Administration — the fast path for estates under $150,000 (raised from $75k for deaths on or after July 1, 2026) or where the decedent has been deceased for over 2 years. No personal representative is appointed; no creditor notice period. Typical timeline: 4–8 weeks. Our flat fee: $1,950.
• Formal Administration — the standard path for larger or more complex estates. Personal representative is appointed, creditors get a 90-day notice period, full inventory and accounting. Typical timeline: 6–12 months. Our flat fee: $2,950.
• Ancillary Administration — for out-of-state decedents who owned Florida property. Runs parallel to the home-state probate. Typical timeline: 8–16 weeks. Our flat fee: $2,450.
• Probate Litigation (will contests, removed PR, etc.) — the rare contested path. Hourly billing, by necessity. We refer these out when needed.

When you DON'T need probate

These five scenarios skip probate entirely. They're more common than people realize.

• Everything is jointly owned with right of survivorship. Joint bank accounts, jointly-titled real estate (especially with 'tenants by the entirety' between spouses) automatically pass to the surviving owner. No court involvement.
• All financial accounts have beneficiaries. IRAs, 401(k)s, life insurance, and POD/TOD-designated accounts pass directly to the named beneficiaries. The custodian needs a death certificate; that's it.
• Assets are owned by a revocable living trust. This is the whole point of a trust. Trust assets don't pass through probate — they pass according to the trust document. (Caveat: the trust must be properly funded; an unfunded trust doesn't help.)
• Lady Bird deed (enhanced life estate deed) on the home. Florida specialty — the home transfers automatically to the named remainder beneficiary at death without probate.
• The estate qualifies for Disposition Without Administration. Tiny estates with no real property and only minor non-exempt assets can be handled with a single clerk-of-court form.

Edge cases worth knowing

• Surviving spouse and homestead. A Florida homestead with a surviving spouse passes outside the will (the spouse gets a life estate or a 50% interest depending on circumstances) — but a homestead determination is still typically a court order, even if the rest of the estate skips probate. We handle this for $400 add-on.
• Out-of-state decedent with FL property. Even if their main estate is being probated in their home state, the FL property still needs an ancillary FL proceeding (or a Lady Bird deed/trust pre-death). Don't assume the home-state probate handles it.
• Small estate, no will, no real property. Sometimes you really can just hand-deliver a death certificate to the bank with the right affidavit and walk away. We do free first-call consults that resolve a meaningful share of these without ever opening a file.
• Joint account at one bank, sole account at another. You'd be surprised how often this fact pattern shows up. The joint accounts skip probate; the sole accounts don't. Whether that means probate is needed depends on size — see Disposition / Summary thresholds above.

What to do next

If you've read this far and you're still not sure, that's normal. Florida probate is a surprisingly nuanced area, and the right path depends on facts only an attorney can evaluate properly.

The free 30-minute consult is built for exactly this question. Bring (or have access to) the will if there is one, the death certificate (or an idea of when you'll have it), and a rough list of assets. We tell you on that call which path applies and what it costs. No upsell.

What people ask us about this.

Related guides

Intake reopens late October 2026. The guides stay free.

Rachel is not accepting new clients until late October 2026. Leave your details and we'll call when intake reopens. If your matter can't wait, The Florida Bar Lawyer Referral Service — 800-342-8011 — refers you to another Florida attorney taking cases now.