The Short Answer

In Florida, assets generally go through court administration (probate) when they are titled in the decedent’s name alone with no beneficiary designation and no survivorship feature. By contrast, many assets pass directly to survivors by operation of law (for example, beneficiary-designated accounts and certain jointly titled property), and some property is treated as protected or exempt and may be handled differently from ordinary probate assets.

What Florida Law Says

Florida probate is primarily about collecting and transferring the decedent’s probate estate—property that does not automatically transfer at death. Many families are surprised to learn that a large portion of a person’s wealth can be non-probate (passing directly to a named beneficiary or surviving co-owner), while other items may be exempt and set aside for a surviving spouse or children.

As a practical way to think about it:

• Typically probate (court administration): assets titled solely in the decedent’s name with no beneficiary designation (e.g., an individual bank account with no POD beneficiary; a vehicle titled only to the decedent; personal property; refunds or checks payable to the decedent; real estate titled only in the decedent’s name).
• Typically non-probate (passes directly): assets with a beneficiary designation or survivorship feature (e.g., many life insurance proceeds, retirement accounts with beneficiaries, POD/TOD accounts, and certain jointly owned property with survivorship).
• Exempt/set-aside property: certain personal property may be designated as “exempt property” for the surviving spouse or, if none, the children—often changing what is available for creditors and how distributions work.

If you want a deeper dive on common Florida “non-probate” transfers, you may also find these helpful: joint ownership with right of survivorship and small estate vs. full probate.

The Statute

The primary law governing a key category of property that may be set aside for survivors is Fla. Stat. § 732.402 (Exempt property).

This statute establishes that, if the decedent was domiciled in Florida, the surviving spouse (or, if none, the decedent’s children) has rights to certain categories of “exempt property” (such as specified household items up to a value cap, up to two qualifying motor vehicles, and certain qualified tuition programs), and that exempt property is generally protected from most estate claims (subject to perfected security interests).

Florida also provides circumstances where no administration may be required for certain small estates consisting only of exempt/constitutionally exempt property and limited additional personal property. See Fla. Stat. § 735.301 (Disposition without administration).

Why You Should Speak with an Attorney

Even when it seems obvious which assets “avoid probate,” Florida estates can become complicated quickly—especially when there are multiple beneficiaries, creditor issues, blended families, or unclear titling/beneficiary designations. Legal outcomes often depend on:

• Strict Deadlines: rights to exempt property can be waived if not raised on time in the probate case. For example, Fla. Stat. § 732.402 includes a deadline tied to service of the notice of administration.
• Burden of Proof: someone often must prove how an asset was titled, whether a beneficiary designation was valid, and whether an item qualifies as exempt property under Florida law.
• Exceptions and “gotchas”: jointly titled assets, POD/TOD designations, and retirement/life insurance beneficiary issues can create disputes—particularly after divorce, remarriage, or when forms were never updated (Florida addresses some of these issues in statutes like Fla. Stat. § 732.703).

Trying to “sort assets” without legal guidance can lead to assets being mishandled, family conflict, or personal liability for the person who takes control of property too early or distributes it incorrectly.

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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.