Florida Lady Bird Deed Form: Required Elements, Signing, and Recording
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The Complete Guide to Florida Probate (2026)
July 23, 2026Not sure whether your family’s situation requires 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 path your estate needs. Schedule a free 30-minute initial consultation.
Probate is required in Florida when a person dies owning assets titled in their sole name with no beneficiary designation, no surviving joint owner, and no trust or deed that transfers them automatically. Whether there is a will changes who inherits, but it does not change whether probate is needed. Many Florida estates qualify for a shorter process, and some need no court process at all. This guide explains which assets trigger probate, which pass outside it, and how to tell which of Florida’s three probate paths fits your family.
Key Points
- Probate follows the title, not the will. A valid will still goes through probate; only how an asset is titled determines whether probate is needed.
- Assets with a surviving joint owner, a beneficiary designation, a trust, or a lady bird deed skip probate and pass directly to the person named.
- Florida has three levels of administration. Disposition without administration, summary administration for estates at or under $150,000 in non-exempt assets, and formal administration for everything else.
- The summary administration threshold rose to $150,000 on July 1, 2026 under HB 1337, so many estates that once required formal administration now qualify for the faster path.
What Triggers Probate in Florida
Probate is the court-supervised process of gathering a deceased person’s assets, paying valid debts, and transferring what remains to the beneficiaries or heirs. It exists because banks, title companies, and buyers need legal authority to recognize a transfer from someone who has died. When no living person has authority over an asset, the circuit court supplies it by appointing a personal representative (the Florida term for what other states call an executor) or by ordering the transfer directly.
The test is title. Ask of each asset: does any living person automatically have the legal right to this the moment the owner dies? If the answer is no, that asset needs probate. If every asset answers yes, the estate may not need probate at all.
Assets That Require Probate
- Bank and investment accounts in the decedent’s sole name with no payable-on-death or transfer-on-death designation
- Real estate titled in the decedent’s sole name, or held as tenants in common with someone else
- Vehicles, boats, and personal property of significant value titled solely to the decedent
- Life insurance or retirement accounts payable to the estate, or where every named beneficiary has already died
- Business interests held in the decedent’s individual name
- A pending inheritance or lawsuit claim owed to the decedent
One probate asset is enough. A single bank account with no beneficiary designation will require a proceeding even if everything else was planned around probate.
Assets That Pass Outside Probate
- Jointly owned property with right of survivorship, including tenancy by the entirety between spouses
- Accounts with payable-on-death or transfer-on-death designations
- Life insurance and retirement accounts with living named beneficiaries
- Assets titled in a revocable living trust. The successor trustee administers them under the trust’s terms. Our guide to the revocable living trust in Florida explains how this works.
- Real estate held under a lady bird deed. The property passes automatically to the remainder beneficiaries at death. See our complete guide to the lady bird deed in Florida.
- Florida homestead property often receives special treatment: it is generally protected from creditor claims and, while a court order confirming homestead status is common, it follows a shorter path than general estate assets.
The Three Levels of Florida Probate
Disposition without administration is not really probate at all. Under F.S. 735.301, it lets a family recover small amounts, typically to reimburse whoever paid final expenses, when the decedent left only exempt personal property and non-exempt assets worth no more than the funeral and final medical bills. It is filed with a simple form and no attorney is required.
Summary administration under F.S. 735.201 is the shorter court proceeding. An estate qualifies when the non-exempt probate assets are worth $150,000 or less, a threshold that HB 1337 raised from $75,000 effective July 1, 2026, or when the decedent has been dead for more than two years. Most summary administrations finish in a few weeks to a few months. We handle summary administration for a flat fee of $4,500, and our article on the new $150,000 threshold explains who benefits from the change.
Formal administration under Chapter 733 is the full proceeding: the court appoints a personal representative, creditors receive notice and a claim period, and the estate closes only after debts, taxes, and distributions are complete. It is required for estates above the threshold and is often the right choice even for smaller estates with debt or family disagreement, because it cuts off creditor claims in a way summary administration does not. Our formal administration service page covers the process, and fees for a straightforward formal administration start at $8,500. For a county-by-county look at total costs, see our Florida probate cost guide.
For the full picture of how these proceedings work from first filing to closing, see our Complete Guide to Florida Probate.
Does a Will Avoid Probate?
No. This is the most common misconception we hear. A will is a set of instructions for the probate court; it has no effect until a judge admits it. In fact, Florida law requires whoever holds an original will to deposit it with the clerk of court within 10 days of learning of the death, under F.S. 732.901, whether or not a probate case is ever opened. Avoiding probate takes lifetime planning: trusts, beneficiary designations, survivorship titling, or a lady bird deed, put in place before death.
What Happens If No One Opens Probate
Nothing forces a family to open probate, but the assets stay frozen. The house cannot be sold or refinanced, accounts stay locked, and title problems compound as heirs themselves pass away. Two years after death, most creditor claims are barred, which simplifies matters, and estates that once exceeded the old threshold may now qualify for summary administration under the $150,000 limit. If your family has been putting off an estate, it may be simpler to resolve now than it was when the death occurred. A Florida probate attorney can tell you quickly which path applies, and our county probate directory covers the local filing details for every Florida county.
Frequently Asked Questions
Is probate required in Florida if there is a will?
Yes, if the decedent owned probate assets. A will does not avoid probate; it directs who receives the assets once probate is opened. Florida law also requires the person holding the original will to deposit it with the clerk of court within 10 days of learning of the death under F.S. 732.901, even if no probate case is filed.
Is probate required if there is no will?
The test is the same with or without a will: probate is needed when assets were titled in the decedent’s sole name with no beneficiary designation or surviving joint owner. Without a will, Florida’s intestate succession statutes decide who inherits, and the court follows that order in the same summary or formal proceeding.
What is the threshold for summary administration in Florida?
An estate qualifies for summary administration when its non-exempt probate assets total $150,000 or less, or when the decedent has been dead for more than two years. The dollar threshold was raised from $75,000 to $150,000 by HB 1337, effective July 1, 2026. Exempt property, including protected homestead, does not count toward the limit.
How much does probate cost in Florida?
At Bucelo Diaz Law, summary administration is a flat fee of $4,500, and fees for a straightforward formal administration start at $8,500, plus court filing fees and publication costs in either path. Total cost depends on the county, the assets involved, and whether disputes arise. Our Florida probate cost guide breaks down the numbers county by county.
Can a bank release funds without probate in Florida?
Only in narrow cases. If the account had a payable-on-death beneficiary or a surviving joint owner, the bank pays that person directly with a death certificate. Otherwise, disposition without administration under F.S. 735.301 can release small amounts, generally limited to reimbursing funeral and final medical expenses, when the estate holds only exempt property. Anything beyond that requires a summary or formal proceeding.
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
You do not have to sort this out alone. Call us at 954.399.1910 or schedule a free 30-minute phone consultation. We also offer Zoom consultations, in English and Spanish. Attorney advertising.
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.
