Assets That Still Go Through Probate in Florida (Even With a Will)

Most Florida families assume a simple last will and testament is enough to pass their assets smoothly to loved ones.

It’s not.

Even with a properly executed will, many of your most valuable assets still must go through probate – the formal court-supervised process.

According to the Florida Office of the State Courts Administrator, there were 67,808 probate filings in FY 2024-25 (part of 141,166 total circuit probate-related cases). That means thousands of Florida families every year watch their loved ones’ assets get tied up in court for months and spend thousands in fees – all because they relied only on a will.

Why a Will Alone Does NOT Avoid Probate in Florida

A will is simply instructions for who gets what. It does not transfer ownership.

The court must still:

• Validate the will

• Appoint a personal representative

• Pay debts and taxes

• Distribute assets

As the transcript clearly states: “If you have a last will and testament that says who the house goes to, the house still has to go through a probate process before it could pass down to the person in a will.”

That’s why so many people end up needing a living trust or Lady Bird Deed.

Assets That Still Go Through Probate in Florida (Even With a Will)

Based directly on the information in the transcript, here are the key assets that remain stuck in probate unless you take extra steps:

1. Your Florida Real Estate (the house or primary residence) The transcript repeatedly uses your home as the #1 example: even if your will names exactly who gets it, the property must still go through full probate. No exceptions with just a will.

2. Financial Assets Not Properly Designated Bank accounts, stocks, bonds, CDs, and investment accounts that do not already have payable-on-death (POD) or transfer-on-death (TOD) beneficiaries go through probate. (The transcript notes that accounts “that already have beneficiaries on them” are the ones you don’t have to worry about.)

3. Retirement Accounts (if not beneficiary-designated or placed in trust) These can be tied to a trust to avoid probate entirely.

4. Business Interests If you own a business, it must go through probate unless transferred into a living trust.

5. Any Other Individually Owned Assets Personal property, vehicles, or anything else solely in your name with no beneficiary designation or trust ownership will be probated.

Don’t Let Probate Happen to Your Family

Probate is public, expensive, and time-consuming – and completely avoidable with the right documents.

Whether your estate is simple (just the house + a few accounts) or more complex, the transcript makes it clear: a will alone is not enough.

At atCause Law Office – the non-stuffy attorneys – we specialize in making these tools simple and Florida-specific. We help families in Clearwater, Tampa Bay, and throughout Florida protect their legacy, from Lady Bird Deeds to full trust packages like our very own Primora Trust that gives you full peace at mind.

Ready to protect what you’ve worked for? Schedule your free consultation today. Don’t leave your loved ones stuck in probate court in 2026.

This post is for informational purposes only and is not legal advice. Florida laws can change; always consult a qualified Florida estate planning attorney.