How to Transfer Property Without Probate in Florida

Can property be transferred without probate?

Yes, and in many cases, it should be.

Probate is time-consuming, public, and often expensive. If you’re looking to pass down real estate, bank accounts, vehicles, or other property without locking your family into a court process that drags on for months—or even longer—there are smarter ways to plan ahead.

Why You Might Want to Avoid Probate

Here in Florida, the average probate process lasts 9 to 12 months. During that time, the estate is tied up in court, creditors have a window to submit claims, and loved ones wait—sometimes in limbo.

Benefits of avoiding probate include:

• Faster access to assets
• Lower legal fees and court costs
• Greater privacy (probate filings are public record)
• Less risk of intra-family conflict
• More control over asset distribution

That’s why many of our clients ask: Can property be transferred without probate in Florida?

Let’s look at the tools that make the answer “yes.”

1. Living Trusts: The Gold Standard for Probate Avoidance

A revocable living trust is one of the most powerful tools in estate planning. Think of it like a private contract that takes the place of a WILL when it comes to distributing your assets.

Here’s how it works:

• You transfer property (real estate, bank accounts, etc.) into the name of your trust.
• You control everything while you’re alive.
• When you pass away, your successor trustee steps in and distributes the property directly to your named beneficiaries—no probate required.

Trusts are especially helpful for families with:

• Minor children
• Out-of-state property
• Blended families or second marriages
• Businesses or complex assets

They’re also fully private, unlike WILLS, which become part of public court records.

2. Joint Ownership with Right of Survivorship

Another popular probate workaround? Joint ownership.

If you own property with someone else and the title includes rights of survivorship, the surviving owner automatically inherits your share when you die—no court involvement required.

There are a few ways this works in Florida:

• Joint Tenancy with Right of Survivorship
• Tenancy by the Entirety (for married couples only)

Important note: while this strategy avoids probate, it also gives the co-owner immediate legal rights while you’re alive. That can create complications if you’re in a second marriage or want to leave the asset to someone else later.

At Vollrath Law, we help clients weigh these risks and choose the right structure for their situation.

3. Transfer-on-Death (TOD) and Payable-on-Death (POD) Designations

Some assets come with built-in probate shortcuts. If the original owner named a beneficiary on the account or asset, it usually transfers outside probate.

Examples include:

• Bank accounts (Payable-on-Death)
• Investment accounts (Transfer-on-Death)
• Stocks and bonds
• Savings bonds
• Life insurance policies
• Retirement accounts like IRAs and 401(k)s

As long as a beneficiary is named—and they’re still living—the funds go directly to them without court supervision.

Pro tip: Avoid naming your estate as the beneficiary. Doing so pulls the asset back into probate and defeats the purpose of these designations.

4. Florida’s “Lady Bird” Deed: A Unique Way to Avoid Probate for Real Estate

Florida is one of the few states that allows the use of an Enhanced Life Estate Deed, also known as a Lady Bird Deed.

This powerful tool allows you to:

• Keep full control of your property during your lifetime
• Automatically transfer it to a named beneficiary upon your death
• Avoid probate entirely

Unlike a traditional life estate, you can change your mind, refinance, or sell the property without involving the beneficiary.

For Florida homeowners, this is an elegant solution that avoids probate headaches while preserving flexibility.

5. Property Held in a Community Property Agreement

While Florida is not a community property state, if a couple previously lived in one or executed a community property agreement, it may affect how their assets are treated.

In some cases, property held as community property with right of survivorship will pass automatically to the surviving spouse.

Always review these agreements with an attorney to ensure you’re not missing opportunities or exposing yourself to liabilities.

6. Special Rules for Vehicles

Vehicles

Some states (including Florida) allow cars to be transferred without probate under certain conditions.

You may qualify for a simplified DMV transfer process.

7. Small Estate Procedures (Summary Administration)

Even if probate is technically required, Florida offers a fast-track version called Summary Administration for estates valued under $75,000 (excluding protected homestead property).

This shortcut:

• Avoids formal probate
• Moves faster through court
• Reduces legal costs

If your loved one didn’t have many assets, this option may help you wrap things up without a full probate case.

When Probate Is Still Required

Despite all these tools, some property still goes through probate, especially if:

• There is no beneficiary named
• Property is solely owned without survivorship rights

In these situations, Vollrath Law’s probate team steps in to manage the process efficiently and protect your rights.

Work With Vollrath Law to Protect Your Family and Your Legacy

So, can property be transferred without probate?

Absolutely. But doing it right takes planning, precision, and a deep understanding of Florida law.

Whether you’re:

• Creating an estate plan to spare your family the probate process
• Acting as a personal representative for a loved one’s estate
• Dealing with jointly owned property or beneficiary designations

…Vollrath Law is here to help.

We’re not just probate lawyers. We’re your long-term partners in planning, preserving, and protecting what matters most.

Call us or schedule a consultation online today to explore your probate and probate-avoidance options in Oviedo, FL and surrounding areas.