Florida Probate Laws: Will my IRA Funds Pass Intestate if I Die Without a Will?

What happens to the funds in my IRA if I die without a will? Will they pass intestate? If I named my brother as the beneficiary of my IRA, will he have trouble getting the funds?

Property that passes intestate

• Many assets will not be subject to intestate succession.
• This is because only property that would have passed through your Florida will, property you owned alone, will pass intestate.
• What assets will not be subject to intestate succession?

1. Property transferred through a living trust.
2. Life insurance proceeds (since you name a beneficiary)
3. Funds in an IRA, 401(k), or other retirement account
4. Securities held in a transfer upon death account
5. Payable on death accounts and
6. Property you own with someone else in joint tenancy or tenancy by the entirety.