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What Assets Are Exempt from Probate in Florida
Not everything a person owns ends up in Florida probate. Some assets are legally protected from creditor claims within an open estate. Others simply pass to a new owner by contract or operation of law and never enter probate at all. Those are two different legal ideas, and most articles blur them together. For the full process, see our Complete Guide to Florida Probate.
“Exempt Property” and “Non-Probate Assets” Are Not the Same Thing
Florida law uses the term exempt property for a narrow list: household furniture and furnishings, up to two vehicles, and certain education savings accounts (Fla. Stat. § 732.402). A surviving spouse or the decedent’s children can claim these even if the estate owes money, because creditors cannot reach them.
Non-probate assets are a bigger, separate category: assets that pass directly to a new owner through a beneficiary designation, joint ownership, or a trust, without becoming part of the probate estate at all. Life insurance, retirement accounts, jointly held property, and trust assets fall here. When people search for what’s exempt from probate, this is usually what they mean.
Homestead Property
Florida’s homestead protection comes from the state constitution, not a probate statute (Fla. Const. art. X, § 4). A decedent’s primary residence is shielded from most creditor claims and descends directly to the surviving spouse or heirs under Fla. Stat. § 732.401. Title companies typically still require a court order determining homestead status before the property can be sold or refinanced, so an heir often files a short petition anyway.
Life Insurance Proceeds
A policy that pays a named individual, rather than the decedent’s estate, is not a probate asset. The insurer pays that beneficiary directly under the contract. Fla. Stat. § 222.13 also exempts those proceeds from the insured’s creditors, unless the policy itself says otherwise. That exemption disappears the moment the estate is named as beneficiary; the payout then becomes an estate asset creditors can reach.
Retirement Accounts
IRAs, 401(k)s, and pensions with a named living beneficiary transfer directly to that person once the custodian receives a death certificate, with no probate filing required. Fla. Stat. § 222.21 also shields most retirement accounts from the owner’s creditors, before and after death. If no beneficiary was named, or the named beneficiary died first, the account usually defaults to the estate and goes through probate.
Joint Tenancy and Tenancy by the Entirety
Property held in joint tenancy with right of survivorship, or by married couples as tenants by the entirety, passes automatically to the surviving owner the instant the other owner dies (Fla. Stat. § 689.15). No probate case transfers the interest; the survivor simply becomes sole owner by operation of law. This covers real estate, bank accounts, and vehicles titled the same way.
Transfer-on-Death and Payable-on-Death Accounts
Bank accounts can carry a payable-on-death designation under Fla. Stat. § 655.82, and brokerage accounts a transfer-on-death designation under the Florida Uniform TOD Security Registration Act (Fla. Stat. §§ 711.50-711.512). Both let the account holder name someone who receives the funds directly from the institution, by presenting a death certificate rather than a court order.
Trust Assets
Assets titled in the name of a revocable living trust are not part of the probate estate, because the trustee already holds legal title on the beneficiaries’ behalf (Fla. Stat. ch. 736). The successor trustee distributes those assets under the trust terms, with no probate case. This only works for assets actually retitled into the trust before death; a trust that was signed but never funded does not help. Our estate planning guide covers how to fund a trust correctly.
Household Items and Other Personal Property
People searching for whether household items go through probate are often picturing a small dollar figure. The real exemption is larger: Fla. Stat. § 732.402 protects household furniture, furnishings, and appliances in the decedent’s home up to $20,000 in net value, plus up to two vehicles under 15,000 pounds, for a surviving spouse or children. Below that threshold, the family keeps these items even if the estate has debts. Above it, the extra value becomes part of the estate available to creditors and, eventually, to the beneficiaries.
Asset Type vs. Probate Status
| Asset Type | Probate Status |
|---|---|
| Homestead property | Not reachable by creditors; court order still needed to clear title |
| Life insurance, beneficiary named | Non-probate |
| Life insurance, estate named as beneficiary | Subject to probate |
| Retirement account, beneficiary named | Non-probate |
| Retirement account, no valid beneficiary | Subject to probate |
| Joint tenancy / tenancy by the entirety property | Non-probate; passes to surviving owner |
| Payable-on-death / transfer-on-death accounts | Non-probate |
| Assets titled in a funded trust | Non-probate |
| Household furniture and appliances, up to $20,000 | Exempt property |
| Up to two vehicles under 15,000 lbs | Exempt property |
| Solely owned real estate (non-homestead) | Subject to probate |
| Bank accounts, no beneficiary or joint owner | Subject to probate |
Assets titled solely in the decedent’s name, with no beneficiary and no joint owner, generally go through probate. Florida offers a faster path for smaller estates: summary administration, available when probate assets (excluding exempt property) total $75,000 or less, or the decedent died more than two years ago (Fla. Stat. § 735.201).
Frequently Asked Questions
Is homestead property exempt from probate in Florida?
It’s exempt from most creditor claims under the Florida Constitution, but it still needs a court order determining homestead status before it can be sold or refinanced.
Do household items go through probate in Florida?
Household furniture, furnishings, and appliances are exempt from creditor claims up to $20,000 in net value under Fla. Stat. § 732.402. Items above that value become part of the probate estate.
What assets are considered non-probate assets in Florida?
Life insurance and retirement accounts with a named beneficiary, jointly owned property, payable-on-death and transfer-on-death accounts, and assets in a properly funded trust all pass outside of probate.
Does life insurance always avoid probate?
Only when a person, not the estate, is named as beneficiary. If the estate is named, the proceeds become part of the probate estate.
Are retirement accounts like a 401(k) or IRA exempt from probate?
Yes, as long as a living beneficiary was named. Without a valid beneficiary, the account passes to the estate and goes through probate.
Does a joint bank account avoid probate?
Yes. An account held with right of survivorship passes to the surviving owner automatically, with no probate filing needed.
Do I need to go to probate court to claim exempt property?
A surviving spouse or child usually files a short petition for exempt property within the existing probate case, even though the assets are protected from creditors.
Can an estate qualify for summary administration instead of full probate?
Yes, if the probate assets total $150,000 or less, excluding exempt property, or the decedent died more than two years ago.
Sorting out which assets belong in a Florida probate case, and which don’t, is usually the first real question a family has after a death. Our attorneys offer a free consultation and handle Florida probate administration for a flat fee of $3,500, in any of the state’s 67 counties. See how flat-fee probate works, or contact us to talk through the specific assets involved.