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

One of the most common surprises for Palm Beach families is learning that probate does not touch every asset. Florida law sorts property into two camps: assets that pass through the probate court and assets that transfer automatically. Knowing the difference lets you plan around probate rather than into it. Here is the comparison.

What Probate Actually Does

Probate is the court-supervised process that retitles assets the decedent owned in their sole name with no built-in transfer mechanism. Florida offers two tracks: formal administration for larger estates and summary administration for estates under $75,000 (or where the decedent has been dead more than two years). Either way, only certain assets need it.

Assets That Typically Go Through Probate

These are accounts and property titled solely in the decedent’s name with no beneficiary designation or survivorship feature. Common examples for a Palm Beach estate include a solo bank or brokerage account, a car titled to one person, personal belongings, and real estate owned by the decedent alone. If the only way to move the asset is a court order, it generally goes through probate.

Assets That Usually Skip Probate

Florida lets many assets pass outside court entirely. These include:

• Accounts with a valid pay-on-death (POD) or transfer-on-death (TOD) beneficiary.
• Life insurance and retirement accounts (IRAs, 401(k)s) with a living named beneficiary.
• Property held as joint tenants with right of survivorship or, for spouses, tenancy by the entirety, common for Palm Beach married couples.
• Assets titled in a revocable living trust under Chapter 736.
• Real estate transferred by an enhanced life estate, or Lady Bird, deed, which lets the owner keep control during life and pass the home automatically at death.

The Homestead Wrinkle

A Florida homestead is special. Under Article X, §4 of the state constitution, a primary residence in Palm Beach passes to heirs largely protected from creditors and is not a probate asset in the ordinary sense, though a short court proceeding is often used to confirm its protected status and clear title.

Comparing the Two Paths

Probate assets offer court oversight and an orderly creditor process, but they cost time and become public record. Non-probate transfers are faster and private, yet they rely entirely on correct titling and current beneficiary forms. A single outdated beneficiary designation can pull an asset back into probate, while a funded trust or Lady Bird deed can keep a Palm Beach home out of it.

Florida Has No Estate Tax

Whichever path an asset takes, Florida imposes no state estate or inheritance tax, so the planning question is about process and control, not state death taxes.

Consult a Florida Attorney

Because the difference often comes down to a beneficiary form or a deed, a quick review can spare your family an avoidable probate. A Florida probate and estate attorney can audit how your Palm Beach assets are titled and recommend the cleanest transfer route.