Florida Intestate Succession Chart: Who Inherits When There Is No Will
May 12, 2026
How Long Can an Estate Stay Open in Florida? Deadlines and Limits Explained
May 14, 2026Not sure which of your loved one’s assets have to go through probate?
Bucelo Diaz Law guides Florida families through probate from offices in Weston, Ocala, and Naples, and we can usually tell you in one call which assets are exempt and which path the estate needs. Schedule a free 30-minute initial consultation.
In Florida, “exempt from probate” means two different things. Some assets pass outside probate entirely because of how they are titled: jointly owned property, accounts with beneficiary designations, trust assets, and property under a lady bird deed. Other assets go through the probate case but are classified as exempt property under Florida law, which shields them from most creditor claims and keeps them out of the $150,000 summary administration calculation. Families searching for this answer usually need both lists, because the difference determines what the estate actually owes creditors and which probate path applies. This guide covers each category with the statutes behind them.
Key Points
- Statutory exempt property under F.S. 732.402 includes up to $20,000 in household furniture and appliances, two motor vehicles, prepaid college plans, and certain teacher death benefits. It goes to the surviving spouse or children free of most creditor claims.
- Protected homestead is exempt from creditor claims under the Florida Constitution and passes to the surviving spouse or heirs outside the normal creditor process.
- Exempt property does not count toward the $150,000 summary administration limit, so an estate can be larger than it looks and still qualify for the faster, cheaper proceeding.
- Exempt property must be claimed on time. The deadline is generally 4 months after the notice of administration is served, and the exemption can be waived if it is missed.
“Exempt from Probate” Means Two Different Things
When people ask what assets are exempt from probate, they usually mean one of two questions. The first: which assets never enter the probate case at all? Those are called non-probate assets, and they pass automatically to a co-owner or named beneficiary the moment the owner dies. The second: within a probate case, which assets does Florida law protect from creditors and set aside for the family? Those are exempt property in the statutory sense, defined by F.S. 732.402, plus protected homestead under the Florida Constitution.
The distinction matters in practice. Non-probate assets determine whether a probate case is needed at all, a question we cover in detail in our guide to when probate is required in Florida. Statutory exempt property determines what creditors can reach and whether the estate qualifies for summary administration in Florida under the $150,000 limit.
Assets That Skip Probate Entirely
These assets pass outside the court process regardless of what a will says, because a living person already holds the legal right to them at the moment of death:
- Jointly owned property with right of survivorship, including tenancy by the entirety, the form of ownership most Florida married couples have in their home and joint accounts
- Bank and investment accounts with payable-on-death or transfer-on-death designations
- Life insurance proceeds and retirement accounts such as IRAs and 401(k)s with living named beneficiaries
- Assets titled in a revocable living trust, which the successor trustee administers under the trust’s terms. Our guide to the revocable living trust in Florida explains how retitling works.
- Real estate held under a lady bird deed, which passes automatically to the remainder beneficiaries at death. See our complete guide to the lady bird deed in Florida for how these deeds avoid probate while preserving homestead protection and the step-up in basis.
If every asset in the estate falls on this list, no probate case may be needed at all. If even one asset was titled in the decedent’s sole name with no beneficiary, that asset requires a proceeding.
Florida’s Statutory Exempt Property: F.S. 732.402
Now the second meaning. For assets that do go through probate, F.S. 732.402 sets aside four categories of property for the surviving spouse, or the children if there is no spouse. Exempt property passes to them free of most creditor claims against the estate:
- Household furniture, furnishings, and appliances in the decedent’s usual home, up to $20,000 in net value as of the date of death
- Two motor vehicles registered in the decedent’s name and regularly used by the decedent or an immediate family member as personal vehicles, each weighing 15,000 pounds or less
- Qualified tuition program funds, including Florida Prepaid College plans and other Section 529 accounts
- Certain death benefits for teachers and school administrators under F.S. 112.1915
One important limit: exempt status does not erase a perfected lien on the specific asset. A car with an outstanding loan still carries that loan; the exemption protects the vehicle from the estate’s general creditors, not from its own financing.
Protected Homestead: The Biggest Exemption of All
Florida’s homestead protection comes from Article X, Section 4 of the Florida Constitution. When a Florida resident dies owning their primary residence, that home passes to the surviving spouse or heirs free of the claims of the decedent’s general creditors. Credit card companies, medical providers, and other unsecured creditors cannot force the sale of a protected homestead, no matter how large the estate’s debts are. Mortgages, property taxes, and liens for work done on the property remain enforceable.
Homestead is also not counted as a probate asset for administration purposes, although in practice most families need a court order determining homestead status so title companies will insure a later sale. Florida law separately restricts how a homestead can be left in a will when there is a surviving spouse or a minor child, and those devise restrictions in F.S. 732.401 catch many blended families by surprise. If that is your situation, it is worth a conversation with a Florida probate attorney before assuming the will controls.
The Family Allowance
Alongside exempt property, F.S. 732.403 gives the surviving spouse and dependent lineal heirs a family allowance of up to $18,000, paid from estate assets during administration for their maintenance. The allowance is in addition to exempt property and homestead protection, not a substitute for them.
Why Exempt Status Matters: Creditors and the $150,000 Limit
Exempt classification does two practical things. First, it moves property to the family ahead of creditors. In an estate with significant debt, the exempt property statute and homestead protection often determine whether the family keeps anything at all.
Second, it changes which probate path the estate qualifies for. F.S. 735.201 allows summary administration when the value of the estate less exempt property is $150,000 or less, a limit raised from $75,000 on July 1, 2026 by CS/HB 1337. Consider an estate with a $180,000 gross value that includes $25,000 of exempt household furnishings and vehicles: the countable estate is $155,000 and just misses the limit. Add protected homestead to the picture, which is also excluded, and many estates that look far too large for summary administration actually qualify. We walk through the numbers in our Florida probate cost guide, and our article on the new $150,000 threshold explains who benefits from the change.
How to Claim Exempt Property
Exempt property protection is not automatic. The spouse or children must file a petition to determine exempt property in the probate case, generally within 4 months after the notice of administration is served on them. Miss the deadline and the exemption is deemed waived, which converts protected family property into ordinary estate assets available to creditors. This is one of several deadlines that make early legal guidance valuable in Florida probate; our overview of the complete Florida probate process lays out the full timeline, and our county probate directory covers local filing logistics for every Florida county.
At Bucelo Diaz Law, we handle exempt property petitions as part of both proceedings we offer: summary administration at a $4,500 flat fee and formal administration with fees starting at $8,500 for straightforward estates.
Frequently Asked Questions
What is considered exempt property in Florida probate?
Under F.S. 732.402, exempt property includes household furniture, furnishings, and appliances up to $20,000 in net value, two motor vehicles regularly used by the decedent or immediate family, qualified tuition program funds such as Florida Prepaid and 529 plans, and certain teacher and school administrator death benefits. It passes to the surviving spouse, or to the children if there is no spouse, free of most creditor claims.
Is homestead property exempt from probate in Florida?
Protected homestead passes to the surviving spouse or heirs free of the claims of the decedent’s general creditors under Article X, Section 4 of the Florida Constitution, and it is not counted as a probate asset for administration purposes. Most families still obtain a court order determining homestead status so that title companies will insure a future sale. Mortgages, property taxes, and construction liens on the home remain enforceable.
Do exempt assets count toward the $150,000 summary administration limit?
No. F.S. 735.201 measures eligibility by the value of the estate less exempt property, and protected homestead is also excluded. An estate can hold well over $150,000 in gross assets and still qualify for summary administration once exempt property and homestead are subtracted. The $150,000 limit itself was raised from $75,000 on July 1, 2026 by CS/HB 1337.
How do you claim exempt property in a Florida probate case?
The surviving spouse or children must file a petition to determine exempt property in the probate case, generally within 4 months after the notice of administration is served. If the deadline passes without a petition, the exemption is deemed waived and the property becomes available to estate creditors like any other asset.
What assets avoid probate entirely in Florida?
Assets with a built-in transfer mechanism skip probate: jointly owned property with right of survivorship, payable-on-death and transfer-on-death accounts, life insurance and retirement accounts with living named beneficiaries, assets titled in a revocable living trust, and real estate held under a lady bird deed. These pass directly to the co-owner or beneficiary and never enter the court process.
Informational purposes only. This article is for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Florida probate law is complex and changes frequently. Consult a qualified Florida attorney about your specific situation. Past results do not guarantee a similar outcome.
Talk to a Florida Probate Attorney
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About the Author
Alexis Bucelo Diaz, Esq., LL.M. is the founding attorney of Bucelo Diaz Law, PLLC. She holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and has more than 15 years of focused experience in Florida estate planning, probate, and real property law. Florida Bar #86918. Selected to Super Lawyers Rising Stars in 2025.
