5 Types of Assets Exempt from Probate in Florida

Not every asset must go through probate when someone dies in Florida. Certain property automatically passes to heirs or beneficiaries without needing court approval. These assets are called non-probate assets.

Careful planning ensures that key assets pass efficiently to loved ones without being tied up in probate court.

What Is Probate?

Probate is the legal process used to settle a person’s affairs after death. During probate, a court supervises the payment of debts and the distribution of property. Only assets owned solely by the deceased without a beneficiary designation are subject to probate.

Avoiding probate saves the family time, reduces expenses, and keeps estate matters private. Probate can take months or even years to complete, and attorney’s fees and court costs can diminish the value of the estate. Many assets can avoid probate entirely if they are structured correctly during life.

5 Types of Assets That Are Exempt from Probate

Florida law allows certain categories of property to pass outside of probate automatically. These are the five most common types:

Asset Type	How It Avoids Probate
Homestead Property	A primary residence that qualifies as homestead passes to heirs outside of probate and is protected from creditors.
Jointly Owned Property with Rights of Survivorship	Property owned jointly with another person automatically transfers to the surviving owner at death.
Beneficiary-Designated Accounts	Accounts like IRAs, 401(k)s, life insurance, and bank accounts with named beneficiaries transfer directly to the beneficiary.
Household Furnishings and Personal Property	Up to $20,000 of furniture and personal effects are exempt for the benefit of the surviving spouse or children.
Motor Vehicles	Two vehicles regularly used by the deceased or family members are exempt and pass outside of probate.

Each category is governed by specific rules that must be followed carefully to ensure that probate can be avoided.

Homestead Property in Florida

Florida’s homestead protection is one of the strongest in the nation. If a decedent’s primary residence qualifies as homestead under the Florida Constitution, the home is exempt from creditor claims and passes outside of probate directly to surviving heirs. However, determining homestead status can be complicated if minor children or blended families are involved.

Joint Ownership with Rights of Survivorship

Property titled jointly with rights of survivorship or as tenancy by the entirety automatically belongs to the surviving owner upon one owner’s death. This is common for real estate, bank accounts, and investment accounts.

It’s important to distinguish this from tenants in common ownership, which does not avoid probate.

Beneficiary-Designated Accounts

Many financial assets allow the owner to name a beneficiary to receive the account upon death. This includes:

• Retirement accounts like IRAs and 401(k)s
• Life insurance policies
• Bank and investment accounts using Payable on Death (POD) or Transfer on Death (TOD) designations.
• Real property transferred by a lady bird deed.

If the named beneficiary has died or if no beneficiary is listed, the asset may become a probate asset.

Household Furnishings and Personal Property

Florida law allows up to $20,000 in household furnishings and personal property to pass directly to a surviving spouse or children. These items are exempt from probate administration and creditor claims. Typical exempt items include furniture, appliances, clothing, and electronics used in the home.

Motor Vehicles

Florida allows up to two motor vehicles to be exempt from probate if they were regularly used by the decedent or immediate family members. The vehicles must be titled properly, and the Department of Highway Safety and Motor Vehicles has procedures for transferring title without probate when these conditions are met.