Does Having a Will Mean You Can Avoid Probate in Florida?

A common question clients ask is:
“If I have a will, does that mean my family won’t have to go through probate?”

It’s an understandable assumption — after all, creating a will feels like taking care of everything ahead of time. But in Florida, that’s not how it works.

Having a will is an important step in your estate plan, but it does not avoid probate. Instead, your will provides instructions for how your assets should be handled during the probate process.

Let’s break that down.

What Is Probate?

Probate is the legal process of settling someone’s estate after they pass away. The Florida probate court oversees:

Validating the will (if there is one)
Identifying and gathering the person’s assets
Paying debts, taxes, and expenses
Distributing remaining property to beneficiaries

In short, probate ensures that everything is handled correctly and according to Florida law.

How a Will Fits into the Probate Process

A last will and testament is a legal document that directs what should happen to your property after your death. It also names a personal representative(also known as an executor) to carry out those wishes.

But even with a will, the court still needs to:

Confirm the will’s validity
Officially appoint your personal representative
Oversee the transfer of assets to your beneficiaries

So rather than avoiding probate, your will guides the probate process. It tells the court who gets what and who’s in charge — but it doesn’t eliminate the process itself.

When Probate Is Still Required in Florida

In Florida, most estates will go through either formal probate or summary administration, depending on the estate’s size and circumstances.

You will likely need probate if:

You own real estate solely in your name
You have bank accounts or investments without designated beneficiaries
You hold personal property above certain value thresholds

Even with a valid will, the court must make sure these steps are completed properly.

How to Avoid or Minimize Probate

If your goal is to avoid probate or make the process simpler for your loved ones, there are planning tools that can help.

In Florida, you can in addition to many other options:

Create a revocable living trust – Assets placed in a properly funded trust can pass directly to your beneficiaries without probate.
Use beneficiary designations – For bank accounts, life insurance, or retirement plans, name beneficiaries so those assets transfer automatically.
Own property jointly with rights of survivorship – This allows the property to pass directly to the surviving owner.
Use a “payable on death” or “transfer on death” designation – Available on some accounts to streamline transfers.

These strategies can work alongside your will to help ensure your estate is handled efficiently and privately.

Why You Still Need a Will

Even if you set up a trust or other probate-avoidance tools, you still need a will. It:

Names guardians for minor children
Covers assets not included in your trust
Provides backup instructions for anything left out of other planning documents

Your will and trust should work together as part of a comprehensive estate plan — not as one or the other.

The Bottom Line

Having a will is an essential part of a well-prepared estate plan, but it doesn’t automatically keep your estate out of probate. Instead, your will gives the court direction on how your assets should be handled.

To truly minimize or avoid probate in Florida, you’ll need additional planning — such as a living trust or proper asset titling.

If you’re unsure whether your current plan helps your loved ones avoid unnecessary delays or court involvement, it may be time to review your documents with a qualified Florida estate planning attorney.

Need guidance on your Florida estate plan?
Contact [Your Law Firm Name] to schedule a consultation. We’ll help you understand how probate works in Florida and how to structure your plan so your wishes are carried out smoothly and efficiently.