01 Aug What Property and Assets Go Through Probate in Florida?

Any asset owned by a decedent is subject to probate in Florida. The exception to this rule is property that had a named beneficiary or rights of survivorship. Examples of property that may have a named beneficiary would be a life insurance payout, a retirement account, or a bank account with a “pay on death” designation. An example of property with rights of survivorship would be real estate that has a deed indicating that a surviving co-owner will take the full ownership interest of the decedent upon their death. Property purchased by a husband and wife typically has rights of survivorship in Florida, even if that specific language does not appear on the deed to the property. This type of survivorship is called “tenancy by the entirety,” and only requires that title be held by husband and wife, in which case, title will automatically transfer to the survivor upon the death of one spouse.

If an asset does not have a named beneficiary or rights of survivorship, it will have to go through probate to change ownership pursuant to the Florida Probate Rules (2022). The most common assets that go through this process are bank accounts, real estate, vehicles, and personal property. In order to determine if a specific financial account is subject to probate, the financial institution should be contacted. In order to determine if real estate is subject to probate, an attorney should examine the deed to the property. Attorneys at Genesis Law, PA provide free deed examinations, and can often retrieve deeds from the property records electronically. Call us at (786) 315-9638 if you have questions about property that may be subject to probate.

If you have lost a loved one who either was a resident of, or owned property in the the State of Florida, and need assistance with Florida Probate, CLICK HERE, to schedule a consultation with a Florida Probate Attorney.

We serve clients throughout Florida, including, but not limited to, those in the following localities: Alachua County including Alachua, Archer, Gainesville, Hawthorne, High Springs, and Newberry; Bay County including Panama City and Panama City Beach; Broward County including Deerfield Beach, Fort Lauderdale, Hollywood and Pompano Beach, Clay County including Lakeside; Columbia County including Lake City; Duval County including Jacksonville; Leon County including Tallahassee; Marion County including Ocala; Miami-Dade County, including Aventura, Coral Gables, Hialeah, Miami, Miami Beach, Miami Gardens, North Miami, North Miami Beach and Sunny Isles; Palm Beach County including Boca Raton, Delray Beach and Palm Beach, Putnam County including Palatka; Sarasota County including Sarasota; and Taylor County including Perry.