How to Avoid Probate in Florida
The legal ways to pass property outside probate in Florida: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options in Florida include: pay-on-death bank accounts (Fla. Stat. § 655.82); transfer-on-death registration of securities (Fla. Stat. § 711.50 and following); Fla. Stat. §§ 655.82, 711.50, 735.201, 736.0602
| Ways to avoid probate | Non-probate options in Florida include: pay-on-death bank accounts (Fla. Stat. § 655.82); transfer-on-death registration of securities (Fla. Stat. § 711.50 and following); property in a funded revocable trust signed with will formalities (Fla. Stat. §§ 736.0403, 736.0602); joint ownership with right of survivorship and tenancy by the entirety; and summary administration when the estate subject to administration, less exempt property, is worth no more than $150,000 (raised from $75,000 by ch. 2026-57, Laws of Florida) or the decedent died more than two years ago (Fla. Stat. § 735.201). Florida has no statutory transfer-on-death deed; owners sometimes use an enhanced life estate ("Lady Bird") deed, which is not defined by statute. |
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| Small estate affidavit | Florida has no general small estate affidavit. Two limited options exist: (1) a bank may pay a family member up to $2,000 total from deposit accounts or CDs held in the decedent's sole name with no pay-on-death or survivor designation, no earlier than 6 months after death, on a sworn affidavit plus a certified death certificate; (2) 'disposition without administration': if the estate is only exempt personal property plus other personal property worth no more than the preferred funeral expenses and recent medical and hospital expenses, the court may authorize transfer by letter without a full probate. Neither option covers real estate. Source: Fla. Stat. §§ 735.301, 735.303 |
More Florida estate law
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- Who Inherits If You Die Without a Will in Florida
- How to Make a Valid Will in Florida
- How Probate Works in Florida
- Living Wills and Advance Directives in Florida
- Revocable Living Trusts in Florida
- Executor Duties in Florida
- Letters Testamentary in Florida
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- All Florida wills, probate and estate rules
FAQ
How can you avoid probate in Florida?
Non-probate options in Florida include: pay-on-death bank accounts (Fla. Stat. § 655.82); transfer-on-death registration of securities (Fla. Stat. § 711.50 and following); property in a funded revocable trust signed with will formalities (Fla. Stat. §§ 736.0403, 736.0602); joint ownership with right of survivorship and tenancy by the entirety; and summary administration when the estate subject to administration, less exempt property, is worth no more than $150,000 (raised from $75,000 by ch. 2026-57, Laws of Florida) or the decedent died more than two years ago (Fla. Stat. § 735.201). Florida has no statutory transfer-on-death deed; owners sometimes use an enhanced life estate ("Lady Bird") deed, which is not defined by statute.
What is the small estate limit in Florida?
Florida has no general small estate affidavit. Two limited options exist: (1) a bank may pay a family member up to $2,000 total from deposit accounts or CDs held in the decedent's sole name with no pay-on-death or survivor designation, no earlier than 6 months after death, on a sworn affidavit plus a certified death certificate; (2) 'disposition without administration': if the estate is only exempt personal property plus other personal property worth no more than the preferred funeral expenses and recent medical and hospital expenses, the court may authorize transfer by letter without a full probate. Neither option covers real estate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.