How does each of my assets pass when I die?

Short answer: Your will controls less than you think. Most assets pass by how they are titled or by the beneficiary form on file, and those routes override the will. Knowing which route each asset takes is the whole game in estate planning.

The five routes

RouteWhat it coversWho gets itProbate?
Beneficiary designationLife insurance, IRAs, 401(k)s, annuitiesWhoever is named on the form, even if your will says otherwiseNo
Survivorship titleJoint accounts with right of survivorship; a home owned with your spouse as tenants by the entiretyThe surviving ownerNo
Payable-on-death or transfer-on-deathBank accounts marked POD (F.S. 655.82); brokerage accounts registered TOD (F.S. ch. 711)The named beneficiaryNo
Revocable trustAnything retitled into the trust during lifeTrust beneficiaries, on the trust's termsNo
Will, or intestacy if there is no willEverything else in your sole name with no beneficiaryWill beneficiaries, or the heirs listed in F.S. 732.102–.103Yes

Two Florida special cases

  • Homestead. Your primary residence has its own descent rules when you leave a spouse or minor child, regardless of your will or trust (F.S. 732.401, 732.4015).
  • Enhanced life estate ("Lady Bird") deeds. A deed that keeps full control during your life and names who takes the property at death; it avoids probate for that parcel without a trust. Whether it fits depends on your family and your other assets.

Why plans go wrong

The will says one thing, the beneficiary form from a job twenty years ago says another, and the form wins. Or the trust is signed but the house and the brokerage account were never retitled, so they go through probate anyway. An estate plan is only as good as the titling behind it.

Next step

List every account and property with how it is titled and who is named on it. Bring that list to a consultation; it is the fastest way to find the gaps. Email the firm through the Contact page.

This article is general information, not legal advice, and does not create an attorney-client relationship. Simani Law, PA is licensed in Florida and New York.