The Short Answer: Whether probate is needed in Florida usually comes down to one question: did the deceased person own anything in their name alone, without a beneficiary or co-owner already designated? If yes, probate is typically required for that property. If everything they owned already had a designated path outside of probate, such as a beneficiary, a trust, or a joint owner, probate may not be needed at all, or only a simplified version.
What Typically Requires Probate
- Real estate titled solely in the deceased’s name (not held jointly, not in a trust, no enhanced life estate/Lady Bird deed in place)
- Bank or investment accounts with no named beneficiary and not jointly titled
- Vehicles, personal property, or other assets owned solely in their name
What Typically Avoids Probate, Regardless of a Will
- Assets held in a revocable living trust
- Accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation
- Jointly owned property with rights of survivorship
- Life insurance and retirement accounts with a named beneficiary
- Real estate held via a Lady Bird Deed
Florida’s Two Paths if Probate is Needed
Not every estate that needs probate needs the full process. Florida offers a simplified option for smaller or older estates:
- Summary Administration — available for smaller estates or those where the person has been deceased for a certain period of time
- Formal Administration — required for larger or more complex estates, involves appointing a personal representative and more court oversight
A Quick Self-Check
Ask these questions about what the person owned:
- Was everything either in a trust, jointly owned, or had a named beneficiary? → Probate likely isn’t needed.
- Was some property owned solely in their name, but the estate is small, or they passed some time ago? → Summary Administration may apply.
- Was there significant property owned solely in their name, with no simplified option available? → Formal Administration is likely required.
Frequently Asked Questions
Q: Does having a will mean probate isn’t necessary?
No, a will actually has to go through probate to be legally effective. A will names who gets what, but it’s the probate process that carries out those instructions for anything not already outside of probate.
Q: What happens if I skip probate when it’s actually required?
Assets can’t be legally transferred, sold, or accessed by heirs without it — banks, title companies, and county records generally require proof of a completed probate (or a determination that none is needed) before recognizing a change in ownership.
Q: Can I figure this out myself, or do I need an attorney?
For very simple, clearly-outside-of-probate situations, you may not need one immediately. But if there’s any real estate, any account without a clear beneficiary, or any uncertainty, it’s worth a quick consultation rather than guessing because mistakes here can be costly and slow to fix.
Q: How long does Florida probate typically take?
Summary Administration is generally much faster (often weeks to a couple of months). Formal Administration typically takes several months to over a year, depending on the estate’s complexity and whether there are disputes.
Still Not Sure Where You Stand?
Every estate is its own mix of assets, so the honest answer is often “it depends”, and guessing wrong can cost real time and money. At SJF Law Group, we help Florida families get a clear, straightforward answer quickly: whether probate is needed, and if so, which path fits. Contact us for a complimentary consultation about your specific situation.
