When Probate Is NOT Required

Joint Tenancy with Right of Survivorship

If the property was owned jointly with right of survivorship, it passes automatically to the surviving owner(s) upon death. No probate needed — just file a death certificate with the county.

Lady Bird Deed (Enhanced Life Estate Deed)

A Lady Bird deed allows the owner to retain control of the property during their lifetime and automatically transfer it to named beneficiaries at death — without probate. Florida is one of only a few states that recognizes this deed type.

Living Trust

Property held in a revocable living trust passes to beneficiaries according to the trust document, bypassing probate entirely.

Tenancy by the Entirety

Property owned by a married couple as tenants by the entirety passes automatically to the surviving spouse without probate.

When Probate IS Required

If the property was titled solely in the deceased's name with no survivorship provisions, probate is required to transfer the title. Florida offers two types:

• Summary Administration — Simplified process for estates under $75,000 (excluding homestead) or when the decedent has been dead more than 2 years. Faster and less expensive.
• Formal Administration — Full probate process for larger or more complex estates. Requires appointment of a Personal Representative and court supervision.

Florida Homestead Property

Florida's homestead laws add complexity to inherited property. Homestead property has special protections and restrictions on how it can be devised. A probate attorney can advise on how homestead status affects your specific situation.