DO YOU NEED PROBATE IN FLORIDA IF EVERYTHING HAS A BENEFICIARY?

By Cynthia Arevalo, Esq., Florida Estate Planning, Elder Law & Probate Attorney | Updated October 2026

Not necessarily. If a deceased person's assets have valid beneficiaries or pass automatically by survivorship, probate may not be required for those assets. But even one asset owned only in the deceased person's name, with no beneficiary or other transfer method, may require Florida probate.

Which Assets Can Avoid Probate in Florida?

A bank account with a valid payable-on-death beneficiary may pass directly to that beneficiary. Life insurance and retirement accounts with valid beneficiaries may also pass outside probate. Property owned jointly with rights of survivorship may pass automatically to the surviving owner.

When Is Probate Still Required?

Having a Will does not automatically avoid probate. A Will controls how probate assets are distributed; it does not make those assets non-probate assets.

Sometimes almost everything passes directly to beneficiaries and only one small account remains in the deceased person's name. Depending on the estate, a simpler Florida probate procedure, such as summary administration, may be available.

What Happens to the Original Will?

Florida law generally requires the custodian of the original Will to deposit it with the clerk of the court having venue within 10 days after learning of the death.

Before assuming that a full probate is needed - or that no probate is needed - review how each asset was titled and whether a valid beneficiary was named. Sometimes one account makes all the difference.

Not Sure Whether Probate Is Necessary?

At Arevalo Law P.A., we help families in Hollywood, Broward County, and throughout Florida determine which assets are probate assets, which can pass directly to beneficiaries, and whether formal administration, summary administration, or another procedure may be appropriate. Contact our office for a Florida probate consultation before opening a case or assuming nothing needs to be done.