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Avoiding Probate in Florida

In Florida, assets that pass outside probate include jointly held property with right of survivorship or tenancy by the entireties, beneficiary designations, payable-on-death and transfer-on-death accounts, and a funded revocable trust (ch. 736). Homestead generally passes outside the probate estate and is constitutionally protected from most creditors, though devise is restricted when there's a surviving spouse or minor child (§ 732.4015).

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Florida attorney about how these rules apply to your situation.

Probate is the court process for transferring a deceased person’s assets. Much property can be set up to pass outside probate — quickly and privately — without a court proceeding.

Assets that pass outside probate

In Florida, the common non-probate transfers include:

  • Jointly held property with right of survivorship, and tenancy by the entireties (between spouses) — passes automatically to the survivor;
  • Beneficiary designations (such as life insurance and retirement accounts);
  • Payable-on-death (POD) and transfer-on-death (TOD) accounts; and
  • A funded revocable trust (Florida Trust Code, chapter 736).

Each of these moves the asset directly to a named person or a trust, so it isn’t part of the probate estate. See living trusts for the most flexible option.

Florida homestead

Your homestead gets special treatment. It generally passes outside the probate estate and is constitutionally protected from most creditors (Art. X, § 4, Fla. Const.; descent under Fla. Stat. § 732.401).

But there’s a catch: homestead devise is restricted when there is a surviving spouse or a minor child (Fla. Stat. § 732.4015). In that situation, the home may pass under those rules rather than under your will — so don’t assume you can simply leave it to whomever you choose.

To plan transfers that fit your family, connect with a lawyer.

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Frequently asked questions

What assets avoid probate in Florida?
Jointly held property with right of survivorship or tenancy by the entireties, beneficiary designations, payable-on-death (POD) and transfer-on-death (TOD) accounts, and assets in a funded revocable trust (ch. 736) all pass outside probate.
Does Florida homestead go through probate?
Florida homestead generally passes outside the probate estate and is constitutionally protected from most creditors (Art. X, § 4, Fla. Const.; descent under Fla. Stat. § 732.401).
Can I leave my homestead to anyone I want?
Not always. Homestead devise is restricted when there is a surviving spouse or a minor child (Fla. Stat. § 732.4015). The property may pass under those rules rather than under your will.

Sources

Related guides

  • Florida Advance Directives: Health Care Surrogate & Living Will Under chapter 765, a Florida health care surrogate designation (§ 765.202) must be written and signed before two adult witnesses (at least one not the spouse or a blood relative; the surrogate can't be a witness). The principal may let the surrogate act immediately. A living will (§ 765.302) has the same two-witness requirement.
  • Florida Intestate Succession: Who Inherits Without a Will If you die without a will, Fla. Stat. § 732.102 sets the spouse's share: the spouse takes the entire estate if there are no descendants, or if all descendants are shared and the spouse has no others; the spouse takes one-half if there are non-shared descendants on either side. The rest passes to descendants, then parents, then siblings (§ 732.103). A surviving spouse may instead claim the elective share — 30% of the elective estate (§ 732.2065).
  • Florida Power of Attorney: Durable, Witnessed & Effective Now Under the Florida Power of Attorney Act (ch. 709), a POA is 'durable' (survives incapacity) only if it contains the statutory durability language (§ 709.2104). It must be signed by the principal, by two subscribing witnesses, and acknowledged before a notary (§ 709.2105). Florida no longer allows 'springing' POAs executed on or after Oct. 1, 2011 — a POA is exercisable when signed (§ 709.2108).
  • Florida Wills: Requirements & How They Work A valid Florida will must be in writing, signed by the testator at the end, and signed by at least two witnesses in the presence of the testator and each other (Fla. Stat. § 732.502). Florida does not recognize holographic (unwitnessed handwritten) or oral wills. A self-proving affidavit can avoid witness testimony at probate (§ 732.503).
  • Revocable Living Trusts in Florida Revocable living trusts in Florida are governed by the Florida Trust Code (ch. 736). A funded revocable trust lets assets pass outside probate. The testamentary provisions of a revocable trust by a Florida settlor must be executed with the same formalities as a will — including two witnesses — to be valid (Fla. Stat. § 736.0403).

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