Which Assets Go Through Probate in Palm Beach (and Which Don’t)

When a loved one passes away in Palm Beach, one of the first surprises families face is that not everything they owned has to go through probate. Some assets transfer automatically and quietly, while others require a Florida court process before they can be distributed. Knowing the difference early can save your family weeks of stress and uncertainty. Here is a family-friendly breakdown.

What Probate Actually Is

Probate is the court-supervised process of identifying a person’s assets, paying valid debts, and transferring what remains to the rightful heirs or beneficiaries. In Florida, it is governed by Chapters 731 through 735 of the Florida Statutes. The key idea is simple: probate is generally needed for assets owned in the decedent’s name alone, with no built-in way to pass to someone else.

Assets That Usually DO Go Through Probate

These are the assets most likely to require administration:

• A bank account or brokerage account in the decedent’s sole name with no beneficiary listed.
• A Palm Beach home or condo titled only in the decedent’s name (though homestead has special protections, discussed below).
• A vehicle, boat, or personal property titled solely to the decedent.
• An inheritance or claim the decedent was owed but had not yet received.

Assets That Usually DON’T Go Through Probate

Many assets are designed to bypass probate entirely:

• Beneficiary designations: Life insurance, IRAs, 401(k)s, and annuities pass directly to the named beneficiary.
• Payable-on-death and transfer-on-death accounts: Bank and brokerage accounts with a POD or TOD designation transfer automatically.
• Jointly held property with survivorship: Assets owned as joint tenants with right of survivorship, or by a married couple as tenants by the entirety, pass to the surviving owner.
• Revocable living trust assets: Property properly titled in a Florida revocable trust (Chapter 736) is distributed by the trustee, not the court.
• Lady Bird (enhanced life estate) deeds: A popular Palm Beach planning tool, this deed lets a homeowner keep full control during life while the property passes automatically to a named beneficiary at death, avoiding probate.

Homestead: A Special Florida Category

The family home deserves its own discussion. Under Florida’s Constitution (Article X, Section 4), homestead property enjoys strong creditor protection and special rules on who can inherit it, especially when there is a surviving spouse or minor child. Even though homestead often passes outside the reach of most creditors, a Palm Beach family frequently still needs a court order confirming the home’s homestead status and rightful owners. So while it is protected, it is not always automatic paperwork-free.

A Note on Florida Taxes

Here is welcome news: Florida has no state estate tax and no state inheritance tax. Heirs do not pay a Florida tax simply for inheriting. Larger estates may face federal estate tax, but most Palm Beach families never reach that threshold.

Why This Matters for Your Family

Understanding which assets avoid probate helps you set realistic expectations and identify what funds are available right away versus what must wait. It also reveals planning opportunities, like beneficiary designations and Lady Bird deeds, that can spare your own family the process later.

Consult a Florida attorney: Titling and beneficiary rules can be subtle, and homestead has unique consequences. A qualified Florida probate attorney serving Palm Beach can review your loved one’s assets and tell you exactly which require administration.