If you’re the only person named to receive someone’s assets after they pass away, you may wonder if probate is necessary. But in most cases, probate is still required, even with if you are a sole beneficiary.
Here’s what you need to know.
What Is Probate?
Probate is a legal process that transfers a deceased person’s assets to their heirs and settles any debts. A court oversees the process to confirm the will, appoint a personal representative, notify creditors, pay off debts, and make sure the estate is properly distributed.
In Florida, probate is required when the person who died owned assets solely in their name. This includes real estate, bank accounts, vehicles, and investments that didn’t have a joint owner or named beneficiary.
Does Being the Sole Beneficiary Avoid Probate?
No. The number of beneficiaries doesn’t determine whether probate is needed. If assets are only in the deceased’s name, probate is generally required to legally transfer them—even if there’s only one beneficiary.
What changes is the complexity. A probate case with one beneficiary is often faster and less complicated than one involving multiple heirs or disputes. But it still has to follow the legal process.
When Probate May Not Be Needed
Some assets pass outside of probate. These include:
- Jointly owned property with right of survivorship
- Assets with named beneficiaries (life insurance, retirement accounts, POD bank accounts)
- Assets in a trust
- Small estates that qualify for Florida’s Disposition Without Administration (very limited cases)
If the estate only contains these types of assets, probate might be avoidable. But if there’s a house or financial account in the decedent’s name alone, probate is usually required—even for one beneficiary.
What to Expect During Probate
If you’re the sole beneficiary, you’re likely to also be the personal representative. This means you’ll need to:
- File the will with the probate court
- Open a probate case
- Notify creditors and beneficiaries
- Pay outstanding debts
- Transfer ownership of assets
Probate in Florida typically takes several months. While having no disputes helps, the court process still needs to be followed properly.
Should You Get Help with Probate?
Yes—especially if you’re not familiar with the process. Mistakes can lead to delays, legal issues, or financial problems down the road. A probate professional will make sure everything is filed correctly and on time.
At BridgeTrust, we help you handle probate efficiently and correctly. Our team takes care of paperwork, court filings, and communication, so you don’t have to navigate it alone.
So, Do You Need Probate if You’re the Sole Beneficiary?
Yes—unless all assets are exempt, probate is still required.
Being the only person named in a will doesn’t change the legal need for probate. The court must authorize the transfer of assets owned only by the deceased. Some estates qualify for exceptions, but most do not.
If you’re not sure where your situation stands, BridgeTrust can review the estate and give you a clear path forward. We make probate easier, faster, and less stressful.
Avoid guesswork. Work with professionals who know Florida probate inside and out. Get started today with BridgeTrust and move forward with confidence.