The Short Answer

In Florida probate, “lifetime rights” usually refers to a life estate (the right to use or receive benefits from property for someone’s lifetime) or a similar limited, lifetime interest created by a will or trust. Even if a will uses “lifetime rights” informally, what matters is how the document legally allocates possession, control, and who receives the property after the person’s death.

What Florida Law Says

Florida courts look to the will’s language to determine what interest was actually given (for example, a right to live in a home for life, or a right to receive income for life) and who holds the remaining interest after that lifetime ends. Importantly, a will generally does not effectively transfer title or possession rights until it is properly admitted to probate, and once admitted, the probate order has powerful legal effects in later disputes over devised property.

The Statute

The primary law governing this issue is Fla. Stat. § 733.103.

This statute establishes that a will is generally ineffective to prove title or the right to possession of the decedent’s property until it is admitted to probate, and that Florida probate is conclusive in later collateral proceedings as to due execution, capacity, lack of undue influence, and that the will was unrevoked at death.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Real estate and title disputes can become much harder to challenge over time; Florida also has statutes that can cut off claims after a will affecting real property has been probated and recorded for a period of years. See, for example, Fla. Stat. § 95.231.
• Burden of Proof: Disputes often turn on evidence of the testator’s intent and the practical meaning of phrases like “lifetime rights” (e.g., who pays taxes/insurance/repairs, whether the right can be rented out, and what happens if the property is sold).
• Exceptions: If the will beneficiary dies before the testator, Florida’s antilapse rules may redirect who receives the interest unless the will says otherwise. See Fla. Stat. § 732.603.

Trying to handle this alone can lead to procedural errors, unintended transfers, or a result that does not match what the will-maker intended—especially when the will was drafted in another state (like North Carolina) but the property, probate, or beneficiaries are tied to Florida.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.