Detailed answer — how probate, wills, and beneficiary designations work in Florida

First, understand the basic distinction: a will states how you want probate assets distributed, but assets that have a valid beneficiary designation or pass by operation of law normally avoid probate altogether. Probate is the court process that transfers title to assets that are owned solely in the decedent’s name and have no designated nonprobate recipient.

Wills in Florida

A valid last will and testament controls distribution of probate assets, but a will must be admitted to probate for its directions to take effect. Florida’s probate and wills laws are in Chapter 732 of the Florida Statutes. See Florida Statutes, Chapter 732 (Wills): https://www.flsenate.gov/Laws/Statutes/Chapter/732.

Key points about wills:

• A will does not avoid probate; it controls what happens inside probate.
• If you want Florida probate to be simple, use a will together with nonprobate devices for specific assets.

Beneficiary designations and nonprobate transfers

Certain assets pass outside probate when you name a beneficiary. Typical nonprobate assets include:

• Life insurance proceeds when a beneficiary is named.
• Retirement accounts (IRAs, 401(k)s) with a named beneficiary.
• Payable-on-death (POD) or transfer-on-death (TOD) bank accounts and brokerage accounts (these are contract/title arrangements that transfer outside probate).
• Joint ownership with rights of survivorship or tenancy by the entirety for married couples (this passes by operation of law, not by will).

Because these transfer outside probate, the beneficiary form — not your will — generally controls who receives the asset. That makes it critical to coordinate beneficiary designations with your overall plan.

Real property and probate in Florida

Real estate generally passes according to how it is titled. Examples:

• If you and your spouse own homestead property as tenancy by the entirety, that ownership form provides survivorship rights that often avoid probate on the first death.
• If property is held in a revocable living trust, it bypasses probate and passes according to the trust terms (see Florida Trust Code, Chapter 736: https://www.flsenate.gov/Laws/Statutes/Chapter/736).
• Because real property law and transfer rules live in several places in the statutes, work with counsel when retitling land. See Florida statutes on conveyances: https://www.flsenate.gov/Laws/Statutes/Chapter/689.

Trusts — an effective probate-avoidance tool

A revocable living trust holds assets during your life and directs distribution at death without probate. You can use a trust to accomplish specific distributions to a spouse and children while keeping details private and avoiding probate delays. The Florida Trust Code (Chapter 736) governs trusts: https://www.flsenate.gov/Laws/Statutes/Chapter/736.

Small estates and summary administration

Florida offers summary administration (a faster probate route) for small estates under the probate statutes (see Chapter 735 on administration of estates). Summary administration may be available when the estate’s value is small or when the decedent died more than two years ago. For details, see Florida Statutes, Chapter 735 (Administration of Estates): https://www.flsenate.gov/Laws/Statutes/Chapter/735.

Limitations and special Florida rules

Some issues can override your plans or limit probate avoidance:

• Creditors’ claims: Probate administration protects creditor notice and claims; nonprobate transfers may still be reachable by creditors in some situations.
• Homestead protections and limitations: Florida’s homestead rules affect how the family home can be disposed of at death. The Florida Constitution contains homestead protections and limitations on testamentary disposition; consult those rules when planning to pass the family home. See the Florida Constitution: https://www.flsenate.gov/Laws/Constitution.
• Incorrect or outdated beneficiary forms will usually control despite contrary language in a will. Always review and coordinate beneficiary forms with other documents.
• Marriage, divorce, adoption, or birth can change who receives under Florida intestacy and elective-share rules; after these life events, update documents and beneficiary forms.

Putting it together — a common hypothetical

Hypothetical facts: You and your spouse live in Florida and have one house (in both names), an IRA in your name, a bank account, and a life insurance policy naming each other as primary beneficiaries and your two children as contingent beneficiaries.

How to avoid probate for the first death under these facts:

1. The house, owned as tenancy by the entirety, passes automatically to the surviving spouse without probate.
2. The IRA and life insurance pass to the named surviving spouse or, if the spouse predeceases, to the named contingent beneficiaries (your children) — and these do not go through probate if beneficiary designations are valid and current.
3. The bank account, if set up as POD/TOD or jointly owned with rights of survivorship, will transfer outside probate. If not, it could be a probate asset controlled by a will.
4. If you want more control over how and when children receive assets (for example, to stagger distributions), consider a revocable trust: fund the trust with assets you want to control, name beneficiaries and successor trustees, and coordinate beneficiary forms so they name the trust if appropriate.

That plan keeps most commonly probated assets out of probate for the first death. To avoid probate entirely for both spouses’ estates, carefully coordinate trusts, beneficiary forms, and property titling — and update these after major life changes.

Helpful Hints

• Review and update beneficiary designations every 2–3 years and after marriage, divorce, birth, adoption, or death. The beneficiary form, not your will, usually controls.
• Consider tenancy by the entirety for your home if you are married and want survivorship protection (discuss homestead consequences with counsel).
• Use a revocable living trust if you want privacy, control over timing of distributions to children, or to avoid probate for real property you own individually.
• For small estates, investigate Florida summary administration (Chapter 735) — it can be faster and cheaper than full probate: https://www.flsenate.gov/Laws/Statutes/Chapter/735.
• Coordinate estate documents: wills, trusts, and beneficiary forms must tell the same story. If they conflict, the beneficiary form or title often wins.
• Keep records of account numbers, policy numbers, and the exact legal names used on accounts, and keep this information where a trusted person can find it after your death.
• Talk to an estate planning attorney licensed in Florida to craft a plan tailored to your family, assets, and goals. Legal and tax consequences vary by situation.