Beneficiary designations: the part of your Florida plan people forget

What passes by beneficiary designation

Retirement accounts (IRAs, 401(k)s), life insurance, and accounts marked "payable on death" (POD) or "transfer on death" (TOD) pass directly to the person named on the account — not through your will, and outside probate. For many people these are among their largest assets.

They override your will

This is the part that catches families off guard: if your will leaves everything to your spouse but your 401(k) still names a former partner, the 401(k) goes to the former partner. The beneficiary form wins. Your will cannot fix a stale designation.

The Florida wrinkle: the elective share

In Florida, POD/TOD accounts and other non-probate transfers are pulled into the "elective estate" used to calculate a surviving spouse’s 30% elective share (§732.2035). So beneficiary designations do not let you sidestep a spouse’s statutory share — another reason to coordinate them with your overall plan.

Review after every life event, and name a backup

Marriage, divorce, a death, a new child — each is a reason to review every beneficiary designation you have, and always name a contingent (backup) beneficiary. A mismatch between your designations and your will is one of the most common and avoidable Florida planning mistakes. EstateDraftFL’s review can help you spot gaps.

Frequently asked questions

Do beneficiary designations override a will in Florida?

Yes. Assets with a named beneficiary — like retirement accounts and life insurance — pass to that beneficiary regardless of what your will says.

Can I use POD/TOD accounts to disinherit my spouse in Florida?

Generally no. Florida counts POD/TOD and similar non-probate transfers toward the surviving spouse’s elective share (§732.2035), so they cannot be used to defeat that 30% right.

General information about Florida law, not legal advice.