The Short Answer

Often, yes—because a will generally controls only probate assets, while many transfer-on-death (TOD) or payable-on-death (POD) designations transfer outside probate. In Florida, a valid beneficiary-form registration (a common TOD-style transfer for certain assets like securities) can pass directly to the named beneficiary even if your will says something different.

What Florida Law Says

In Florida, certain assets can transfer at death by contract—meaning the transfer happens because of the account or registration agreement you made with the financial institution or registering entity, not because of your will. When an asset passes this way, it is generally considered nontestamentary (not controlled by the will) and can avoid probate for that asset.

The Statute

The primary law governing this issue is Fla. Stat. § 711.509.

This statute establishes that a transfer on death resulting from a registration in beneficiary form is effective by contract and is not testamentary—meaning it does not operate through your will.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If assets end up in probate (because there is no valid beneficiary designation, or the beneficiary predeceases you), your daughter may face court timelines and delays before she can access or retitle property.
• Burden of Proof: Financial institutions and transfer agents typically require proof of death and strict compliance with their beneficiary paperwork before they will release or reregister assets.
• Exceptions: Beneficiary transfers generally do not eliminate creditor issues. Florida law makes clear that these rules do not limit creditor rights under other Florida laws, which can affect what ultimately happens to assets and whether claims must be addressed.

Also, not every asset type can be handled the same way. For example, Florida does not use a broad TOD deed for real estate the way some states do, so relying on “TOD deed” concepts without Florida-specific planning can create expensive surprises. An attorney can review what you own, how it’s titled, and whether your will and beneficiary designations work together (instead of accidentally conflicting).

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.