Florida Estate Value Calculator

Florida has no statutory transfer-on-death deed — homeowners use a common-law "Lady Bird deed" instead, and it can run into a constitutional wall if there's a surviving spouse or minor child. Check each asset below to see what actually counts toward the probate estate.

Fla. Stat. § 689.15, § 655.79, Fla. Const. Art. X § 4 FigureMyTax Editorial Team Free · no sign-up

What's in this estate?

For each asset the person owned, enter its value and how it's titled. We'll sort each one into the Florida probate estate or outside it.

$
$
$
$
$
$
Florida probate estate (what a court oversees)
$0
Facing probate in Florida?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Florida attorney

No transfer-on-death deed — Florida uses something older

Florida never adopted the Uniform Real Property Transfer on Death Act, and its only statutory transfer-on-death law covers securities, not real property. Instead, Florida homeowners use a Lady Bird deed — a common-law enhanced life estate deed — to keep property out of probate. See our full explanation of why Florida has no TOD deed and the constitutional wrinkle that can trip up a Lady Bird deed on homestead property.

Married couples get an automatic form

Under Fla. Stat. § 689.15, a conveyance to two or more people creates a tenancy in common unless survivorship is expressly stated — except for married couples, whose jointly acquired property is presumed to be held as tenants by the entirety, with automatic survivorship and complete protection from either spouse's individual creditors. See our full breakdown of Florida joint property rules, including the Florida Supreme Court case behind that presumption.

Bank accounts follow the same married-couple pattern

Under § 655.79, a deposit account held jointly by spouses is presumed to be a tenancy by the entirety unless the couple specifies otherwise in writing — the same protective presumption Florida applies to real estate. See our guide to Florida beneficiary and P.O.D. accounts.

Where this feeds into other Florida calculators

The probate-estate total from this tool is the starting point for Florida's probate cost and executor fee calculators, and for checking Florida's small estate procedures. Florida has no state estate or inheritance tax, so this total doesn't feed into a separate state tax calculation.

Florida estate value — frequently asked questions

Does Florida have a transfer on death deed?

No. Florida never adopted the Uniform Real Property Transfer on Death Act, and its only statutory transfer-on-death law covers securities, not real property. Floridians instead use a Lady Bird deed, a common-law enhanced life estate deed, to accomplish a similar result.

Does jointly owned real estate skip probate in Florida?

Only if the deed expressly provides for the right of survivorship, or the owners are a married couple. Under Florida Statute 689.15, a conveyance to two or more people creates a tenancy in common unless survivorship is expressly stated, except for property held by married couples as tenants by the entirety.

What happens to a married couple's house in Florida probate?

It usually skips probate entirely. Florida presumes real property acquired by a married couple is held as tenants by the entirety, which carries automatic survivorship and complete protection from the debts of just one spouse.

Does a Lady Bird deed always avoid probate for Florida homestead property?

Not necessarily. Florida's Constitution restricts devising homestead property away from a surviving spouse or minor child, and this restriction can override a Lady Bird deed if it was not properly structured, including missing required spousal joinder.

Does a joint bank account automatically pass to the survivor in Florida?

Generally yes for married couples. Under Florida Statute 655.79, a deposit account held jointly by spouses is presumed to be a tenancy by the entirety unless otherwise specified in writing, following the Florida Supreme Court's Beal Bank decision.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Florida statute (Fla. Stat. § 689.15, § 655.79) and the Florida Constitution, verified per our methodology. How a specific asset is actually classified depends on its full paperwork, account agreement, or deed language, and homestead status can change the outcome. Confirm with the Clerk of Court or a licensed Florida attorney before acting.