Which Assets Go Through Probate (and Which Don’t)

After a death in Palm Beach, one of the first practical worries is whether the family is headed for probate court at all. The honest answer is: it depends entirely on how the assets were titled. Here is how to think it through.

What is probate, in one sentence?

Probate is the court-supervised process of gathering a deceased person’s assets, paying valid debts and expenses, and distributing what is left to the right people under the will or, if there is no will, under Florida’s intestacy rules in the Probate Code (Chapters 731-735).

Which assets typically DO go through probate?

Generally, assets owned in the deceased person’s name alone, with no surviving co-owner and no beneficiary designation, must pass through probate. Common examples include a solely owned bank account with no payable-on-death beneficiary, a brokerage account titled only in the decedent’s name, a car titled solely to them, and real estate owned individually without a transfer mechanism. If the only name on the asset belongs to someone who has died, a court order is usually needed to move it.

Which assets usually skip probate?

Plenty of assets pass automatically outside the court process. These include: accounts with valid payable-on-death or transfer-on-death beneficiaries; life insurance and retirement accounts (IRAs, 401(k)s) with named, living beneficiaries; property owned jointly with rights of survivorship or, between spouses, as tenants by the entirety; and assets properly titled in a revocable trust under Chapter 736. For these, the asset goes to the survivor or beneficiary without a probate proceeding, assuming the paperwork is in order.

What about the Florida homestead?

Florida homestead is its own special category. Protected under Article X, Section 4 of the Florida Constitution, a homestead generally passes to heirs free of most creditors and follows constitutional rules that can override a will, especially when there is a surviving spouse or minor child. Many Palm Beach families are surprised to learn that the family home does not always pass simply by whatever the will says. Homestead determinations are frequently handled within probate even though the property enjoys unique protections.

Can a Lady Bird deed keep a home out of probate?

Yes, and this is a popular tool in Florida. A Lady Bird deed (an enhanced life estate deed) lets an owner keep full control of their home during life, including the right to sell or mortgage it, while naming who receives it automatically at death. Done correctly, it can transfer a Palm Beach home outside probate while preserving homestead protections during life. It is not right for every situation, so it should be set up with care.

If probate is needed, is it always a long ordeal?

Not necessarily. Florida offers summary administration for smaller estates or where enough time has passed, which is faster and simpler than the full formal administration used for larger or more complicated estates. Which path fits depends on the value and nature of the probate assets.

One reassuring point about taxes

Florida has no state estate tax and no inheritance tax. Probate is about transferring title and settling debts, not paying a state death tax.

This article is general information about Florida law and is not legal advice. How an asset transfers depends on its exact titling and your family’s circumstances. Consult a licensed Florida probate attorney for guidance.