The Short Answer

In Florida, an IRA or Roth IRA usually transfers directly to the named beneficiary based on the account’s beneficiary designation, meaning it typically does not go through probate. However, if there is no valid living beneficiary (or the estate is named as beneficiary), the IRA may become a probate asset and be handled through the estate administration.

What Florida Law Says

Florida generally treats many “at-death” transfers as controlled by a contract or governing instrument (like a beneficiary designation form), rather than by a will. That’s why retirement accounts often pass outside the probate estate when the beneficiary designation is properly completed and the beneficiary survives the account owner.

The Statute

The primary law governing this issue is Fla. Stat. § 732.703.

This statute establishes (among other rules) that beneficiary designations for certain assets—including IRAs and Roth IRAs—can be affected by life events like divorce, potentially voiding a former spouse’s beneficiary designation unless an exception applies.

Separately, Florida law also recognizes that certain “transfer on death”/“pay on death” arrangements are not testamentary (i.e., they operate by contract rather than by will), which is the same basic concept that explains why many beneficiary-designated accounts bypass probate. See, for example, Fla. Stat. § 711.509 (nontestamentary transfer on death for securities registered in beneficiary form).

If an IRA ends up payable to a trust (for example, a trust named as beneficiary), Florida also has statutes addressing how certain death benefits can be payable to trustees and treated as outside the probate estate in many circumstances. See Fla. Stat. § 733.808.

Why You Should Speak with an Attorney

While beneficiary-designated accounts often avoid probate, applying the rules to your situation can get complicated fast. Legal outcomes often depend on:

• Strict Deadlines: If the IRA becomes a probate asset (for example, the estate is the beneficiary), the estate administration process has creditor and administration timelines that can affect distributions and planning.
• Burden of Proof: Financial institutions typically require proof of death and proof of the correct beneficiary status; disputes (or unclear designations) can trigger delays or litigation.
• Exceptions: Divorce can change who is legally entitled to receive IRA proceeds under Florida law, and the exceptions in Fla. Stat. § 732.703 can be fact-specific (for example, court orders, federal preemption issues, or updated post-divorce designations).

Trying to handle this alone can lead to avoidable delays, beneficiary disputes, or an IRA being pulled into probate when it didn’t need to be.

If you want more background on how beneficiary-designated assets interact with probate, you may find these helpful: POD/TOD designations vs. what your will says and whether beneficiary accounts avoid probate and how creditors may still be involved.

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.