The Short Answer

In Florida, assets generally go through probate only if they were owned in the decedent’s name alone (with no valid beneficiary or survivorship feature) or if a court order is needed to transfer title. Joint bank accounts often do not require probate because Florida law presumes the surviving account holder owns the funds at death—unless there is strong evidence the account was not intended to pass that way.

An LLC interest is different: the decedent’s economic rights (the right to distributions) may pass to the estate, but management/control rights often do not automatically transfer, and the operating agreement can change the outcome.

What Florida Law Says

Probate is the court-supervised process used to collect, value, and transfer assets that are part of the decedent’s probate estate, pay valid debts, and distribute what remains to the heirs. When there are joint accounts and business interests, the key issue is whether the asset transfers automatically at death (non-probate) or whether the personal representative must marshal it through the estate (probate).

For joint bank accounts, Florida law creates a strong presumption that the account was intended to pass to the surviving owner at death (and if the owners are spouses, it is generally treated as a tenancy by the entirety unless stated otherwise). For other jointly held property, survivorship must be clearly stated; otherwise, it is typically treated as a tenancy in common, meaning the decedent’s share may require probate.

The Statute

The primary law governing joint bank accounts is Fla. Stat. § 655.79.

This statute establishes that, unless the account contract/signature card says otherwise, a deposit account in two or more names is presumed to vest in the surviving account holder(s) upon death, and that presumption can generally be overcome only with proof such as fraud/undue influence or clear and convincing evidence of a contrary intent.

For LLC interests, a key statute is Fla. Stat. § 605.0502, which explains that a transfer of a member’s transferable interest (typically the right to receive distributions) does not, by itself, give the transferee the right to participate in management or access company records. In probate terms, that often means the estate may receive economic rights, while control issues depend on the operating agreement and company structure.

If your parent died without a will, the surviving spouse’s share of the intestate estate is governed by Fla. Stat. § 732.102. And because you mentioned dementia and care needs, it’s also important to know Florida allows a family allowance during administration (up to a statutory cap) under Fla. Stat. § 732.403.

Related reading: joint bank accounts and joint property at death in Florida and what happens to an LLC interest at death if the operating agreement is silent.

Why You Should Speak with an Attorney

Even when an asset looks “non-probate,” co-personal representatives can still face legal and practical risk—especially with a surviving spouse who may need protected funds for care and an LLC that may have restrictions on transfers. Legal outcomes often depend on:

• Strict Deadlines: Certain spousal rights and probate filings are time-sensitive, and missing a deadline can permanently change who receives what (or who can access funds for the spouse’s support).
• Burden of Proof: Joint accounts are presumed to pass to the survivor under § 655.79, but disputes can arise if other heirs claim the account was added for convenience, or if there are allegations of undue influence—issues that can escalate quickly and require evidence and litigation strategy.
• Exceptions and Title Problems: “Joint” does not always mean “survivorship,” and business interests can be governed by operating agreements, buy-sell provisions, creditor issues, and tax considerations. Under § 605.0502, a recipient of an LLC transferable interest may not automatically receive management rights—so “who can run the company” and “who gets distributions” can become two separate questions.

Because you and your sibling are acting as co-personal representatives, you also have fiduciary duties. Misclassifying an asset (probate vs. non-probate), paying the wrong party, or mishandling LLC distributions can expose the estate—and potentially the representatives—to disputes or surcharge claims. A Florida probate attorney can quickly identify what must be administered, what passes outside probate, and how to protect funds for the surviving spouse’s care.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened probate attorney in Florida to discuss your specific facts and options, including how joint accounts should be treated, how an LLC interest is handled, and how to preserve resources for a surviving spouse.

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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.