Florida Estate Planning Guide

Beneficiary Designations, POD & TOD Accounts in Florida

Payable-on-death and transfer-on-death registrations can pass assets to your heirs without probate — and without a trust. But used alone, they quietly defeat more estate plans than almost anything else. Here is how they really work in Florida.

By Arthur Simpson, Esq. Florida Estate Planning Attorney Last Updated: May 2026

Not every asset has to be in a trust to avoid probate. In Florida, certain accounts pass directly to a named beneficiary the moment you die — bypassing both your will and the probate court. Understanding which assets work this way, and where the approach breaks down, is essential to a plan that actually does what you intend.

What Are POD and TOD Accounts?

These are "non-probate transfers" — assets that move by contract or registration rather than through your will:

In both cases, the beneficiary simply presents a death certificate to claim the asset. There is no court filing, no statutory attorney fee, and no public record.

Other Assets That Pass by Beneficiary Designation

POD and TOD are part of a larger category. These assets also avoid probate when a valid beneficiary is named:

⚠ Florida Has No TOD Deed for Real Estate Many states let you record a "transfer-on-death deed" for a house. Florida does not. To pass Florida real property outside probate, you use a lady bird deed or a revocable living trust. A TOD-deed form downloaded from another state will not work on a Florida home.

The Golden Rule: Beneficiary Designations Override Your Will

This is the single most important — and most misunderstood — point. A valid beneficiary designation controls, no matter what your will says. If your will leaves "everything equally to my three children" but your largest account still lists only your oldest child as POD beneficiary, that child gets the account outright. The will never touches it.

The Ex-Spouse Trap The classic failure: a life insurance policy or retirement account that still names a former spouse years after the divorce. While Florida law voids many such designations at divorce for certain assets (F.S. § 732.703), federal law can override that for ERISA retirement plans — meaning the ex-spouse can still collect. Review every beneficiary form after any major life change.

Why Beneficiary Designations Are Not a Substitute for a Plan

Relying only on POD/TOD forms is one of the most common DIY estate-planning mistakes. They have real limits:

LimitationWhy It Matters
No incapacity planningA beneficiary form only operates at death — it does nothing if you become incapacitated
No control over how/when heirs receiveAssets pass outright, with no protection for young, spendthrift, or special-needs beneficiaries
No coordinationEach form is independent; together they can produce lopsided, unintended results
Contingency gapsIf the named beneficiary dies first and no backup is listed, the asset falls back into probate
Minors can't receive directlyNaming a minor can force a court guardianship of the property — the opposite of avoiding court

Naming a Minor: A Common, Costly Error

If you name a minor as a POD or TOD beneficiary and you die while they are under 18, the funds cannot be paid to the child directly. A court may have to appoint a guardian of the property to hold the money until adulthood — triggering the exact court involvement you hoped to avoid, and handing a lump sum to an 18-year-old. For minor beneficiaries, a trust is almost always the better answer.

How Beneficiary Designations Fit a Florida Plan

Used correctly, POD/TOD designations are a useful layer — not the whole structure. In a well-built Florida plan, they are coordinated with your trust and will so that the right assets pass the right way. A revocable trust remains the centerpiece for control, incapacity planning, and protecting beneficiaries, while beneficiary forms handle assets like retirement accounts that pass best by designation.

Frequently Asked Questions

Do POD and TOD accounts avoid probate in Florida?
Yes. Payable-on-death (POD) bank accounts and transfer-on-death (TOD) securities accounts pass directly to the named beneficiary at death without going through Florida probate. The beneficiary claims the asset with a death certificate. Beneficiary designations override your will, so they must be coordinated with your overall plan.
Does Florida have a transfer-on-death deed for real estate?
No. Florida does not have a transfer-on-death (TOD) deed for real estate. To pass Florida real property outside probate, owners typically use an enhanced life estate deed — commonly called a lady bird deed — or hold the property in a revocable living trust.
What is the difference between POD and TOD in Florida?
POD (payable on death) is used for bank accounts and CDs. TOD (transfer on death) is used for brokerage and investment accounts and is authorized in Florida under the Uniform Transfer-on-Death Security Registration Act (F.S. Chapter 711). Both pass the asset directly to a named beneficiary at death, bypassing probate.
Do beneficiary designations override a will in Florida?
Yes. A valid beneficiary designation on a POD account, TOD account, life insurance policy, or retirement account controls who receives that asset — regardless of what your will says. This is why an outdated beneficiary form, such as one still naming an ex-spouse, can defeat your entire estate plan.
What are the risks of relying only on beneficiary designations in Florida?
Beneficiary forms cannot plan for incapacity, cannot provide for minor or special-needs beneficiaries who should not receive assets outright, do not coordinate with each other, and become a problem if a beneficiary dies before you with no contingent named. They also do nothing for assets, like a home, that have no beneficiary form.
Can I name a minor as a POD or TOD beneficiary in Florida?
You can, but it is usually a mistake. A minor cannot legally receive the funds directly, so a court may have to appoint a guardian of the property to manage them until age 18 — the very court process you were trying to avoid. A trust is the better tool for leaving assets to minors.

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This article is for general informational purposes and does not constitute legal advice. Estate planning is highly fact-specific. Consult a licensed Florida estate planning attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.