After losing her husband, Carla avoided 18 months of probate delays—and kept their home, retirement savings, and family heirlooms. Here’s how you can protect your loved ones’ assets too.

Probate in Florida can drain an estate’s value with fees, delays, and court battles. The good news? Many assets bypass probate entirely, passing directly to heirs. Whether you’re planning your estate or handling a loved one’s affairs, this guide reveals which assets are protected—and how to claim them.

Why Avoid Probate in Florida?

• Cost: Probate fees average 3–7% of the estate’s value.
• Time: Takes 6–24 months, even for simple estates.
• Privacy: Probate records are public; exempt assets stay confidential.

9 Assets That Bypass Probate in Florida

1. Jointly Owned Property with Rights of Survivorship

• How it works: Assets titled as “joint tenants with rights of survivorship” (JTWROS) automatically transfer to the surviving owner.
• Examples:
  • Joint bank accounts.
  • Real estate (e.g., a home owned by spouses).
• Key Tip: Confirm the title includes “rights of survivorship” (not just “joint owners”).

2. Payable-on-Death (POD) or Transfer-on-Death (TOD) Accounts

• How it works: Name a beneficiary directly on bank accounts, CDs, or brokerage accounts.
• Claiming: Beneficiaries submit a death certificate and ID to the bank.

3. Revocable Living Trust Assets

• How it works: Assets owned by the trust transfer to beneficiaries without court involvement.
• Examples: Real estate, investments, family heirlooms.

4. Life Insurance Policies with Named Beneficiaries

• Exemption: Proceeds go directly to beneficiaries, bypassing probate.
• Exception: If the beneficiary is the “estate,” proceeds become probate assets.

5. Retirement Accounts (IRA, 401(k), Pension)

• Exemption: Funds transfer directly to named beneficiaries.
• Tax Note: Inherited IRAs may require withdrawals (consult a tax advisor).

6. Florida Homestead Property

• How it works: Florida’s homestead law protects your primary residence from creditors and allows automatic transfer to:
  • A surviving spouse.
  • Minor children (if no spouse).
• Catch: To avoid probate, title the home as JTWROS or place it in a trust.

7. Vehicles with a TOD Designation

• Florida Law: Allows Transfer-on-Death titles for cars, boats, and trailers (Form HSMV 82053).
• Claiming: Submit the TOD title and death certificate to the DMV.

8. Partnership or LLC Interests

• How it works: If governed by an operating agreement, ownership can transfer to heirs without probate.

9. Small Estates (Under $75,000)

• Summary Administration: Estates valued under $75,000 (excluding homestead) qualify for a simplified probate process.
• Disposition Without Administration: For estates under $6,000, heirs can claim assets by filing Form SP-1-1370.

Related article for you:
How to Claim a Deceased Loved One’s Bank Account Without Probate? Skip the Legal Hassle

Florida Probate Exemptions at a Glance

Asset Type	How to Exempt	Documents Needed
Joint Accounts	Title as JTWROS	Death certificate + ID
Homestead	Surviving spouse or TOD deed	Death certificate + Title
Retirement Accounts	Name beneficiaries	Beneficiary form + Death certificate
Vehicles	TOD title	Form HSMV 82053 + Death certificate

FAQs: Probate Exemptions Simplified

Is a will required to exempt assets?

No. Exemptions depend on how assets are titled or beneficiary designations—not a will.

Can creditors seize exempt assets?

Most exempt assets (e.g., homestead, retirement accounts) are protected from creditors under Florida law.

What if my parent’s house was only in their name?

If it’s homestead property, it may still bypass probate if left to a spouse or minor children. Otherwise, probate is required.

How do I add a TOD designation to a car?

Submit Form HSMV 82053 to the Florida DMV with a small fee.

Can I avoid probate if there’s no will?

Yes! Exempt assets (joint accounts, trusts, etc.) bypass probate regardless of a will.

3 Common Mistakes to Avoid

1. Assuming Joint Accounts Are Safe: If the account lacks “rights of survivorship,” it may go to probate.
2. Forgetting to Update Beneficiaries: Ex-spouses or deceased relatives listed? Update forms ASAP.
3. Ignoring Homestead Rules: Even exempt homestead property may need a probate judge’s approval for title transfers.

How to Protect Your Assets (Planning Ahead)

1. Set Up POD/TOD Designations: Ask banks, brokerages, and the DMV to add beneficiaries.
2. Create a Revocable Trust: Shields real estate, investments, and heirlooms from probate.
3. Review Titles Annually: Ensure joint assets and deeds include survivorship language.

Free Resources for Florida Residents

• Florida Small Estate Affidavit: Download Here.
• Free Legal Help: Low-income families qualify for aid via Florida Legal Services.
• DMV TOD Title Form: Form HSMV 82053.

Final Takeaway

In Florida, strategic planning is the key to avoiding probate. By titling assets correctly, naming beneficiaries, and using trusts, you can protect your family’s wealth and legacy. If you’re handling a loved one’s estate, focus on exempt assets first—they’re the easiest to claim.

Still unsure? Consult a Florida estate attorney to review your unique situation. Many offer free initial consultations.