What Assets Are Exempt From Probate in Florida?

In Florida, any asset with a surviving joint owner or a named beneficiary passes outside probate. That covers jointly titled property, payable on death accounts, life insurance, most retirement accounts and anything held in a living trust. Separately, Florida shields certain property from creditors. Those are two different rules, and mixing them up costs families money.

Table of Contents

1. Three different meanings of the word exempt
2. Assets that skip probate because of how they are titled
3. Exempt property under section 732.402
4. Homestead, the one that confuses everyone
5. What definitely goes through probate
6. Where the family home usually lands
7. Your options, including the ones that do not involve us
8. Frequently asked questions

Three Different Meanings of the Word Exempt

This is where most families get lost, and it is worth two minutes.

When someone says an asset is exempt in a Florida estate, they could mean any of three unrelated things.

What people mean	What it actually is	Where it comes from
It skips probate	The asset transfers automatically because of titling or a beneficiary designation	Contract and title law, not the probate code
It is exempt property	A specific statutory list that passes to the spouse or children free of most estate claims	Fla. Stat. § 732.402
It is protected from creditors	Homestead real property, shielded from forced sale with limited exceptions	Art. X, § 4, Fla. Const.

An asset can be one, two or all three. Homestead, for example, is protected from creditors and still typically runs through a probate proceeding so that title can be cleared. Protected does not mean invisible to the court.

Assets That Skip Probate Because of How They Are Titled

These never enter the probate estate. There is nothing to petition for and nothing to wait on.

Asset type	Why it skips probate	What the heir usually needs
Property held jointly with right of survivorship	The surviving owner already owns it on the date of death	Death certificate, recorded where required
Tenancy by the entireties, between spouses	Survivorship is built into the ownership form	Death certificate
Payable on death or transfer on death bank accounts	The contract names who receives the funds	Death certificate and ID at the bank
Life insurance with a living named beneficiary	Paid under the policy, not the estate	Claim form and death certificate
IRAs, 401(k)s and annuities with a beneficiary	Paid under the plan documents	Claim form and death certificate
Assets titled in a revocable living trust	The trust owns them, and the trust did not die	Successor trustee acts under the trust
Real property with a Lady Bird deed	Remainder interest vests automatically at death	Death certificate recorded in county records

One more trap. A named beneficiary only works if that person is alive and the designation was kept current. A policy naming a spouse who died first, with no contingent beneficiary, usually falls back into the probate estate.

Exempt Property Under Section 732.402

This is the narrow, specific list that Florida law protects for a surviving spouse or children. Section 732.402 names four categories.

Category	The limit
Household furniture, furnishings and appliances in the usual residence	Net value up to $20,000 as of the date of death
Motor vehicles	Two vehicles, each under 15,000 pounds gross weight, titled in the decedent’s name and regularly used by the decedent or immediate family as personal vehicles
Qualified tuition programs	All section 529 plans, including Florida Prepaid advance payment contracts and participation agreements
Certain death benefits	All benefits paid under Fla. Stat. § 112.1915

Exempt property is protected from claims against the estate, except for perfected security interests in the property itself. It applies only if the person was domiciled in Florida. The right goes to the surviving spouse, or to the children if there is no surviving spouse.

Two practical notes. The furniture figure is $20,000 of net value, not $20,000 per room and not the replacement cost. And the vehicle carve-out is for personal vehicles, so a work truck over the weight limit will not qualify.

Homestead, the One That Confuses Everyone

Homestead is the most protected asset in Florida and the most misunderstood.

Article X, section 4 of the Florida Constitution shields homestead real property from forced sale by most creditors. There are limited exceptions, including property taxes, mortgages the owner agreed to, and liens for work done on the property itself. That protection can carry through to the surviving spouse and heirs.

Here is the part people miss. Protected from creditors is not the same as free of court process. A homestead usually still needs an order determining homestead status before title is clean enough to sell or insure. That determination is a probate step.

Who gets it when there is no valid devise

Section 732.401 handles this. If there is a surviving spouse and descendants, the spouse receives a life estate in the homestead, and the descendants living at the time of death take a vested remainder, divided per stirpes.

The spouse can choose differently. Instead of the life estate, the spouse may elect an undivided one-half interest as a tenant in common, with the other half passing to the descendants per stirpes.

• The election must be made within six months after the death, while the spouse is alive.
• It is made by recording a notice with the legal description in the county where the homestead sits.
• Once made, it cannot be undone.
• An attorney in fact or guardian can make it only with court approval, and only if the court finds it is in the spouse’s best interests.

Six months is a short window, and this is a decision with real money attached. If a spouse is involved, this is the single most important thing to raise with a Florida probate attorney early.

What Definitely Goes Through Probate

The rule is simple. If it was in the deceased person’s sole name, with no joint owner and no named beneficiary, it goes through probate.

• A house titled only in the deceased person’s name, including homestead, for the title determination.
• A bank account in one name with no payable on death designation.
• A vehicle in one name beyond the two the statute exempts, or one that does not meet the personal use test.
• Personal property of real value: tools, jewelry, collections, equipment.
• A business interest held individually.
• Money owed to the person who died, including a lawsuit or settlement in their name.

Probate records in Florida are generally public. That surprises families who assumed the process was private.

Where the Family Home Usually Lands

Nine times out of ten in Broward and Miami-Dade, the house is in the deceased person’s sole name. It is homestead, it is protected from most creditors, and it still has to pass through a proceeding before anyone can sell it or insure it properly.

That is the gap that costs families. The home is safe from creditors but frozen for practical purposes, while taxes, insurance and the lawn keep costing money every month.

Your Options, Including the Ones That Do Not Involve Us

• Hire a Florida probate attorney to get the homestead determination done. If the estate has cash and the heirs agree, this is the straightforward path and fees often come from the estate.
• Check whether you need probate at all. If everything passed by beneficiary or joint title, you may be finished already.
• Ask about summary administration. For deaths on or after July 1, 2026, estates up to $150,000 after exempt property may qualify, and exempt property is subtracted before you test the limit.
• List the house with an agent once title is clear. If it is in good shape and nobody is under pressure, retail usually nets more.
• Sell as-is to a buyer who can work alongside the probate case. This fits when the house needs work, when heirs are spread out, or when nobody can carry the monthly costs.

We pay less than retail. In exchange you get a date certain and a buyer who has handled Broward probate closings before. If a traditional sale is better for your family, we will say so.

What To Do This Week

1. Make a two column list: sole name on one side, joint or beneficiary on the other. That list is your probate estate.
2. Pull the deed and read exactly how the house is titled. Sole, joint, entireties and Lady Bird all lead to different outcomes.
3. Check every beneficiary designation for a deceased or ex-spouse named with no contingent.
4. If there is a surviving spouse and a homestead, start the six month election conversation now.

Conclusion

Exempt means three different things in a Florida estate, and the difference decides what you can sell and when. Assets with a joint owner or a named beneficiary skip probate on their own. Section 732.402 protects a short specific list for the spouse and children. Homestead is shielded from most creditors by the Constitution.

The family home is usually the asset that still needs the court, even though it is the best protected thing in the estate. Sort out how it is titled first. Everything else follows from that.