How Assets Pass Upon Death
Not everything you own goes through probate — and not everything skips it. This one-page chart shows exactly which Florida assets pass directly to a person you named, and which ones the court has to move for you.
Get your complimentary copy
Tell us where to send it and the chart will arrive in your inbox straight away.
Takes about 30 seconds — we just need a name and an email address.
We use your details only to send the chart and occasional estate planning updates from Lumsden Law. You can unsubscribe at any time.
Who it's for
Florida homeowners, couples, and families who want to understand what their current paperwork actually does.
What you'll see
Five asset categories, side by side, with where each one lands after death — and who receives it.
How long it takes
About four minutes to read. Keep it with your estate planning documents as a quick reference.
Two paths, five categories
Probate is a public court process that settles legal and financial matters after death — according to a will if there is one, and otherwise according to Florida's laws of intestate succession. How an asset is titled decides which path it takes.
Non-Probate Assets
Pass directly, without court involvement
1 Jointly held assets
- Joint accounts
- Joint tenancy with right of survivorship (JTWROS)
- Tenancy by the entirety
2 Assets with beneficiaries
- Retirement accounts
- IRAs and annuities
- Transfer on death designations
- Life insurance
3 Assets held in trust
- Property titled to a trust agreement
Probate Assets
Move through the court before they reach anyone
1 Assets with no beneficiary
- Car
- House
- Bank account
- Personal belongings
2 Assets titled tenants in common
- Each owner's share passes separately — a one-half interest goes through that owner's estate, not to the co-owner
Before you download
Does having a will keep my assets out of probate?
Which Florida assets skip probate automatically?
Why does "tenants in common" end up in probate?
Is the chart specific to Florida?
More complimentary guides
Short, practical resources on the parts of estate planning that families ask about most.
Titling Your Trust Assets the Right Way
Why an unfunded trust doesn't protect anyone, and how to get your assets into it correctly.
Download → Volume 2RSUs, Equity Compensation & Florida Trusts
What happens to vested and unvested equity, and how to plan around it in Florida.
Download →Coming soon
The next guide in the Education Series is in development. Download the chart above and we'll let you know when it's ready.
In progressNot sure which path your assets are on?
Most people are surprised by at least one line on this chart. A conversation with Eve Lumsden will tell you exactly where you stand — and what, if anything, needs to change.
Schedule a consultationPlan with purpose. Protect your legacy.
Prepared by Lumsden Law, PLLC for general educational purposes only. This chart and page do not constitute legal advice and do not create an attorney-client relationship. Estate planning outcomes depend on your individual circumstances and on how your assets are titled. Please consult a licensed Florida attorney to discuss your specific estate planning needs.