Probate and Jointly Held or Beneficiary-Designated Assets in Florida

In Florida, most jointly held assets and assets with a valid beneficiary designation pass outside of probate, transferring directly to the surviving co-owner or named beneficiary by operation of law rather than under the will. That means a joint bank account, a payable-on-death certificate, a life insurance policy, or a retirement account with a living beneficiary usually never enters the probate estate at all. The catch is that “usually” hides a long list of exceptions, and beneficiaries who assume an asset will reach them automatically are often the ones left waiting the longest.

If you are a beneficiary expecting a distribution from a Palm Beach County estate, understanding which assets move on their own and which get pulled into court is the difference between money arriving in weeks and money arriving in a year or more. This article walks through how these “non-probate” transfers actually work under Florida law, where they go sideways, and what to do when the account you were counting on is tied up.

What Counts as a Non-Probate Asset in Florida

Probate is the court-supervised process of collecting a decedent’s assets, paying valid debts, and distributing what’s left. But Florida law lets a great deal of property bypass that process entirely. These transfers happen because of how the asset is titled or because of a contract the decedent signed, not because of the will.

The most common non-probate assets in Florida include:

• Joint accounts with right of survivorship. Bank and brokerage accounts held by two or more people, where the survivor takes the balance automatically.
• Tenancy by the entireties property. Real estate and accounts owned by a married couple as a single legal unit; the survivor takes the whole.
• Payable-on-death (POD) and transfer-on-death (TOD) accounts. A single owner names a beneficiary who receives the funds at death.
• Life insurance proceeds. Paid directly to the named beneficiary outside the estate.
• Retirement accounts (IRA, 401(k), 403(b)). Governed by the plan’s beneficiary designation.
• Assets titled in a revocable living trust, which the trustee administers without court involvement.

The unifying principle: each of these carries its own built-in instruction for who inherits. Because that instruction operates on its own, the will does not control it, and the probate judge generally never touches it.

Why the Will Doesn’t Override a Beneficiary Designation

This surprises families constantly. A father’s will might leave “everything equally to my three children,” yet if his $400,000 IRA names only his oldest daughter, that account is hers alone. The beneficiary designation is a contract between the account owner and the institution; the will speaks only to assets that pass through the estate. The two operate on separate tracks, and the designation wins on its own track.

For beneficiaries, the practical lesson is to find out early how each major asset is titled. The answer determines whether you’ll receive funds from the institution directly or wait on the personal representative.

Joint Accounts and the Survivorship Presumption Under § 655.79

Florida treats multi-owner deposit accounts under Florida Statutes § 655.79. Unless the signature card, contract, or account agreement says otherwise, an account titled in two or more names creates a presumption that the surviving owner takes everything when the other dies. The funds vest in the survivor and stay out of probate.

That word “presumption” matters. It is rebuttable. The survivorship outcome can be challenged with clear and convincing evidence that the decedent did not actually intend a gift to the co-owner. The classic scenario: an elderly parent adds an adult child to a checking account purely for convenience, so the child can pay bills, with no intention of disinheriting the other siblings. After death, the convenience signer may claim the whole balance under § 655.79, and the other beneficiaries have to prove it was never meant to be theirs.

These convenience-account disputes are some of the most bitter in Florida probate, because the statute starts with the law tilted toward the surviving co-owner. If you are a beneficiary who suspects a sibling drained or claimed a “joint” account that was really Dad’s money for everyone, the title alone won’t tell the whole story; intent at the time the account was opened is the battleground. This is closely related to how courts evaluate disputed transfers in matters generally, where the paper trail and the decedent’s intent must be reconstructed.

Tenancy by the Entireties: A Stronger Form of Joint Ownership

When a married couple owns Florida property, the law often presumes tenancy by the entireties (TBE). TBE treats the spouses as one legal owner, and the survivor automatically owns the entire asset. It is sturdier than ordinary joint tenancy: TBE property is also protected from the individual creditors of one spouse. The homestead in Palm Beach, the marital bank account, the jointly held brokerage account, all commonly pass to the surviving spouse this way, outside probate and outside the reach of the deceased spouse’s solo creditors.

When “Non-Probate” Assets End Up in Probate Anyway

Here is where beneficiaries get tripped up. A beneficiary designation only works if it is valid and complete at the moment of death. Several common failures drag the asset back into the probate estate, where it must wait on a personal representative and the court:

1. The named beneficiary predeceased the owner and no contingent beneficiary was listed.
2. The designation names “my estate” (or is left blank, defaulting to the estate under the policy terms).
3. The form was never updated after a divorce, remarriage, or death in the family.
4. A joint owner died first, leaving the account in the decedent’s sole name with no POD beneficiary.
5. The designation is successfully challenged for fraud, undue influence, lack of capacity, or as a convenience-only arrangement.

When any of these happens, the asset reverts to the estate and is distributed under the will or, if there is none, under Florida’s intestacy statutes in Chapter 732. That can be a windfall or a wound depending on who you are: a child cut out of a stale beneficiary form may suddenly share in the asset once it lands back in the estate.

Spousal Rights Can Reach “Non-Probate” Assets

Florida fiercely protects surviving spouses, and that protection can pull supposedly untouchable assets back into play. Under the elective share (Fla. Stat. § 732.2065 and related sections), a surviving spouse is entitled to roughly 30% of the decedent’s elective estate, and that elective estate deliberately includes many non-probate items, such as POD accounts, certain joint accounts, revocable trust assets, and the cash value of life insurance. A decedent cannot fully disinherit a spouse simply by retitling everything into joint or beneficiary form.

Homestead adds another layer. Under Fla. Stat. § 732.401, if a Florida resident dies leaving a spouse and descendants, the homestead does not pass freely by will. The surviving spouse takes a life estate with a vested remainder to the descendants, or may elect within six months to take an undivided one-half interest as tenant in common. These rules constrain even property the decedent thought was settled. If you are a child expecting a share of the family home in Palm Beach, the spousal homestead and elective-share rules may reshape what you actually receive.

What This Means for Beneficiaries Awaiting Distribution

If you are waiting on money, the asset’s category tells you who controls the timeline:

• Direct-pay assets (life insurance, IRAs, POD/TOD accounts where you are the named beneficiary): you claim these yourself by submitting a death certificate and claim form to the institution. You do not need to wait on probate, and you should not let a personal representative tell you otherwise.
• Survivorship assets you are not on: if a sibling or surviving spouse took an account by survivorship, you generally have no claim unless you can rebut the presumption or invoke a spousal right.
• Probate assets: anything that fell back into the estate moves on the court’s schedule, after creditor claims, fees, and the personal representative’s administration, which in Florida commonly runs six months to over a year.

The most common mistake beneficiaries make is passively waiting. If you are a named beneficiary on a policy or account, act on it directly. If you believe an asset was wrongly diverted, the clock matters: challenges to joint accounts, undue-influence claims, and elective-share elections all carry deadlines, and the elective share must generally be elected within strict statutory time limits.

When to Bring in a Probate Attorney

You should talk to counsel promptly if any of these apply: a joint account you believe was “convenience only” is being claimed in full by a co-owner; a beneficiary form appears to have been changed late in life under suspicious circumstances; you are a surviving spouse who was left out of the will; or the personal representative is treating direct-pay assets as estate property. These situations turn on intent, capacity, and timing, and the legal standards, such as the clear-and-convincing burden to rebut § 655.79, are demanding. The same evidentiary rigor that governs applies when challenging a beneficiary designation or a survivorship claim.

Our firm helps Palm Beach beneficiaries trace assets, evaluate whether a “non-probate” transfer can be challenged, and enforce direct claims that a personal representative may be wrongly withholding. You can review our , learn more about how Florida probate works, or contact our office to discuss a specific estate. For estate-planning clients who want to avoid these conflicts in the first place, proper coordination between a will and beneficiary designations is essential.

The Bottom Line

Jointly held and beneficiary-designated assets are powerful probate-avoidance tools, and in a clean estate they deliver money to the right person quickly and privately. But “non-probate” is a default, not a guarantee. Stale forms, convenience accounts, predeceased beneficiaries, spousal rights, and outright misuse can all redirect these assets, sometimes into probate and sometimes into litigation. For a beneficiary, the smartest first step is simply to learn how each asset is titled, because that single fact tells you whether you claim directly, wait on the court, or need to fight.

Frequently Asked Questions

Do jointly held bank accounts go through probate in Florida?

Generally no. Under Florida Statutes § 655.79, an account titled in two or more names is presumed to pass to the surviving owner by right of survivorship, outside probate. That presumption is rebuttable, though, with clear and convincing evidence that the account was added for convenience only and no gift to the co-owner was intended.

Can a will override a beneficiary designation in Florida?

No. A beneficiary designation on a life insurance policy, IRA, 401(k), or POD/TOD account is a contract that controls that specific asset and operates independently of the will. Even if the will says ‘everything equally to my children,’ an account with a single named beneficiary passes to that person alone.

When does a beneficiary-designated asset still end up in probate?

It falls back into the probate estate when the designation fails, for example, if the named beneficiary died first with no contingent named, if the form names ‘the estate’ or is left blank, or if the designation is successfully challenged for undue influence or lack of capacity. It then passes under the will or Florida intestacy law in Chapter 732.

Can a surviving spouse claim joint or beneficiary assets in Florida?

Yes, to a degree. Florida’s elective share entitles a surviving spouse to roughly 30% of the ‘elective estate,’ which by design includes many non-probate assets such as POD accounts, certain joint accounts, revocable trust property, and life insurance cash value. Homestead rights under Fla. Stat. § 732.401 add further protections for the spouse and descendants.

As a beneficiary, do I have to wait for probate to claim a life insurance policy or IRA?

No. If you are the named beneficiary on a life insurance policy, IRA, or POD/TOD account, you claim it directly from the institution with a death certificate and claim form. These assets do not pass through probate and are not controlled by the personal representative, so you should not wait on the estate’s timeline to receive them.