Florida Probate Lawyer

Losing someone you love is hard enough. The legal obligations that follow should not make it harder. Whether your family member left a will, died without one, or left an estate that family members are already disputing, a Florida probate attorney can guide you through every step of the process and make sure your loved one's wishes are honored properly.

At Elder Needs Law, our Florida probate lawyers serve families throughout Miami-Dade, Broward, and Palm Beach County from offices in Aventura, Boca Raton, and Plantation. We handle everything from straightforward summary administrations to contested estate proceedings. We also help families plan proactively so their estates never need to go through probate at all. See our estate planning services for more on that.

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We handle probate matters throughout all of Florida. Call us or schedule a consultation online today.

Call us at (305) 419-3369

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What Is Probate in Florida

Probate is the court-supervised legal process that follows a person's death. It involves validating the deceased's will if one exists, identifying and valuing assets, notifying and paying creditors, and distributing what remains to beneficiaries. Not every estate requires probate. Assets held in a trust, accounts with named beneficiaries, and property owned jointly with right of survivorship typically pass outside the probate process.

Florida law requires that any original will be filed with the probate court within ten days of the testator's death, even if a full probate proceeding is not immediately necessary. For a plain-language overview of the Florida Probate Code, our articles section covers the key statutes.

Key Terms in Florida Probate

Testator

The testator is the person who made and signed the will. Under Florida law, a valid will must be signed by the testator in the presence of two witnesses who also sign the document. For guidance on the requirements, see our article on how to make a will in Florida. Handwritten wills present special challenges in Florida probate. Our guide to holographic wills explains what courts will and will not accept.

Personal Representative

The personal representative, known as the executor in most other states, is the person appointed to administer the estate. This person collects assets, pays valid debts, files required tax returns, and distributes the remaining estate to beneficiaries. Florida law requires that a personal representative in formal probate administration be represented by a Florida-licensed attorney unless they are the sole beneficiary of the estate.

Beneficiary

A beneficiary is any person or entity named to receive assets from the estate. Beneficiaries named in a will receive their inheritance through the probate process. Beneficiaries on bank accounts, retirement plans, and life insurance policies receive their share directly and outside of probate.

Intestacy

When someone dies without a valid will, they are said to have died intestate. Florida's intestacy statutes determine who inherits the estate in a specific order: surviving spouse first, then descendants, then other relatives. Intestate estates still require probate, and the court appoints a personal representative when no one is named in a will.

Types of Probate Administration in Florida

Formal Administration

Formal administration is the standard probate process in Florida. It is required for probate estates valued above $75,000 or when the decedent died within the past two years. The process involves filing a petition with the circuit court, publishing a notice to creditors, waiting for the creditor claim period to run, paying valid claims, and then distributing the estate to beneficiaries. Formal administration typically takes between six months and two years, depending on the complexity of the estate and whether any disputes arise.

Summary Administration

Summary administration is a simplified probate process available for smaller estates, those with probate assets of $75,000 or less, or for estates where the decedent died more than two years ago. It is faster and less expensive than formal administration and can often be completed within a few weeks. However, it has specific limitations: it does not provide the same creditor protections as formal administration, and it cannot be used if the decedent died within the past two years and the estate exceeds $75,000.

Disposition Without Administration

This is the most limited form of estate administration. It applies only when the estate consists entirely of exempt property and property that is subject to preferred funeral expenses and medical expenses of the last illness. It does not require a court proceeding and is the only form of estate administration that does not legally require an attorney. In practice, it applies to a very narrow set of circumstances.

The Florida Probate Process Step by Step

Understanding the general sequence of events helps families know what to expect.

Step 1. File the original will and petition

The personal representative or their attorney files the original will and a petition to open the estate with the circuit court in the county where the decedent lived. The court issues Letters of Administration, which gives the personal representative legal authority to act on behalf of the estate.

Step 2. Notify creditors and beneficiaries

The personal representative publishes a Notice to Creditors in a local newspaper for two consecutive weeks. This starts the creditor claim period. Known creditors must also receive direct written notice. Creditors then have 90 days from the first publication date, or 30 days from the date of direct notice, whichever is later, to file a claim.

Step 3. Inventory and value the estate

The personal representative identifies and values all probate assets, real estate, bank accounts, investment accounts, vehicles, personal property, and any other items owned by the decedent. A formal inventory is filed with the court within 60 days of the Letters of Administration being issued.

Step 4. Pay valid debts and estate expenses

After the creditor claim period closes, the personal representative reviews all claims and pays those that are valid. Florida law sets a specific order of priority: funeral and administration expenses first, then secured creditors, then taxes, then certain medical expenses, then other unsecured creditors. If the estate is insolvent, lower-priority creditors may receive partial payment or nothing.

Step 5. Distribute the estate and close

Once debts are paid, the remaining assets are distributed to beneficiaries according to the will or Florida's intestacy laws. The personal representative then files a final accounting and petition to close the estate with the court, and the proceeding concludes.

What Probate Costs in Florida

The cost of probate in Florida depends on the size and complexity of the estate. Florida Statute §733.6171 establishes a presumptively reasonable fee schedule for attorney compensation in formal administration. This is not a mandatory fee, it is a guideline that courts treat as reasonable unless there is a specific reason to adjust it.

The Florida statutory fee schedule

Under the statute, the presumptively reasonable attorney fee is $1,500 for estates valued up to $40,000, with additional increments bringing the total to $3,000 for estates up to $100,000. For estates above $100,000, the fee is 3% of the estate value up to $1 million, 2.5% for amounts between $1 million and $3 million, and 2% for amounts between $3 million and $5 million. An estate valued at $500,000, for example, would generate a presumptively reasonable attorney fee of approximately $15,000.

The personal representative is also entitled to a separate commission under the same schedule. Both fees are paid from estate assets, not by heirs personally. Additional fees may apply for extraordinary services such as will contests, tax matters, or creditor litigation.

Summary administration and smaller estates

Summary administration is significantly less expensive than formal administration. Legal fees for a straightforward summary administration typically run under $3,000. Court filing fees are generally $300 to $400 regardless of the type of administration. The total cost of a simple estate handled through summary administration is usually well under $5,000.

Who Needs a Florida Probate Lawyer

Florida law requires that a personal representative in formal probate administration be represented by a licensed Florida attorney unless they are the sole beneficiary of the estate. Even when legal representation is technically optional, the complexity of creditor notice deadlines, tax filings, inventory requirements, and court procedures makes professional guidance strongly advisable in almost every case.

A probate attorney becomes especially important when: a will is being contested; there are creditor claims to evaluate; the estate includes a business; beneficiaries are minors or have special needs; or family members disagree about distributions. For a plain-language answer to whether you can handle probate without a lawyer, see our article on probating a will without an attorney in Florida.

What Happens When Someone Dies Without a Will in Florida

When a Florida resident dies without a valid will, their estate passes under Florida's intestacy statutes. The surviving spouse and children are generally first in line, but the specific distribution depends on the family structure. For example, if the decedent had a surviving spouse and children only from that marriage, the spouse typically inherits everything. If there are children from a prior relationship, the estate is split between the spouse and all children.

Intestate estates still go through probate, and the court appoints a personal representative when no one is named. For families wondering whether children are personally responsible for a parent's debts in an intestate estate, our article on whether children have to pay a parent's debts after death addresses this directly. The short answer is no, but the estate may be used to pay those debts before anything passes to heirs.

How to Avoid Probate in Florida

Probate is avoidable with proper advance planning. The most effective tool is a revocable living trust combined with proper asset titling. Assets held in a trust pass directly to beneficiaries without court involvement. Other tools include naming beneficiaries directly on bank accounts, retirement accounts, and life insurance policies; holding real estate jointly with right of survivorship; and using a Lady Bird Deed for Florida real property, which allows the owner to retain full control during their lifetime while the property transfers automatically at death.

A pour-over will serves as a backup to capture any assets accidentally left outside the trust. For a summary of probate avoidance strategies, see our article on 5 tips to avoid probate in Florida. For families who want to understand the full range of trust options available, our overview of types of trusts in Florida is a useful starting point. If you want to take this step, our Florida estate planning attorneys can build a complete plan.

Medicaid Estate Recovery and Florida Probate

If the decedent received Florida Medicaid long-term care benefits during their lifetime, the state's estate recovery program may file a claim against the probate estate to recover the cost of those benefits. This claim is against the estate assets, not against family members personally. Assets that pass outside of probate, through a trust, beneficiary designation, or Lady Bird Deed, are generally not subject to Medicaid estate recovery. This is one of the key reasons that Medicaid-compliant estate planning, done proactively by a Florida Medicaid planning attorney, can preserve significantly more of an estate for surviving family members.

Florida Probate Services by Location

Miami and Miami-Dade County

Miami-Dade County probate matters are handled in the Miami-Dade Circuit Court's probate division. Our Aventura main office serves families throughout the county including Miami, Miami Beach, Coral Gables, Hialeah, North Miami, Kendall, and Homestead. Miami-Dade estates frequently involve multilingual families, international assets, and real estate in one of the country's most active property markets. Our attorneys are experienced in all of these contexts.

Boca Raton and Palm Beach County

Palm Beach County probate is administered through the Palm Beach County Circuit Court in West Palm Beach. Our Boca Raton office serves families in Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington, and all surrounding Palm Beach County communities. Palm Beach County estates often involve significant real estate holdings, investment accounts, and retirement assets that require careful coordination between the probate process and beneficiary designations.

Aventura and North Miami Beach

Residents of Aventura, Hallandale Beach, and North Miami Beach file probate matters in Miami-Dade County. Our Aventura office is the primary location for families in this area. We handle everything from straightforward summary administrations to contested proceedings and creditor disputes.

Broward County and Plantation

Broward County probate is handled in the Broward County Circuit Court in Fort Lauderdale. Our Plantation office serves Broward County families by appointment, covering Fort Lauderdale, Hollywood, Pembroke Pines, Weston, Davie, Dania Beach, Miramar, and all surrounding communities.

We also serve clients throughout all of Florida remotely for families who prefer to handle probate matters online or by phone.

Schedule a Probate Consultation Today

We care. We listen. We can help. Our Florida probate attorneys serve families throughout Miami-Dade, Broward, and Palm Beach County.

Call us at (305) 419-3369

Schedule a Consultation Online

Frequently Asked Questions

Q. How long does probate take in Florida

A. Formal administration typically takes between six months and two years depending on the complexity of the estate, the number of creditors, and whether any disputes arise. Summary administration, available for smaller estates or deaths more than two years ago, can often be completed within a few weeks. The single biggest cause of delay in Florida probate is creditor claims, the 90-day creditor period must run before distributions can be made.

Q. Do all Florida estates have to go through probate

A. No. Assets held in a revocable living trust, accounts with named beneficiaries, jointly owned property with right of survivorship, and real estate transferred by a Lady Bird Deed all pass outside probate. With proper advance planning, many Florida estates can be fully distributed without any court involvement. See our article on 5 tips to avoid probate in Florida for a practical overview.

Q. What is the difference between formal and summary administration in Florida

A. Formal administration is required for most estates with probate assets exceeding $75,000 where the decedent died within the past two years. It involves full court supervision, a creditor notice period, inventory filing, and a formal accounting. Summary administration is a simplified process available for smaller estates or older deaths. It is faster and less expensive, but does not provide the same creditor protections as formal administration.

Q. How much do probate attorneys charge in Florida

A. Florida Statute §733.6171 establishes a presumptively reasonable fee schedule for attorney compensation: $1,500 for estates up to $40,000, scaling to $3,000 for estates up to $100,000, then 3% for amounts above $100,000 up to $1 million. These fees are paid from estate assets, not by heirs personally. Summary administration typically costs significantly less, often under $3,000 in legal fees for straightforward cases. These are guidelines, not mandatory fees; arrangements can be negotiated.

Q. Do I need a probate lawyer in Florida

A. Florida law requires that a personal representative in formal probate administration be represented by a licensed attorney unless they are the sole beneficiary. Even where representation is technically optional, the complexity of creditor deadlines, inventory requirements, tax filings, and court procedures makes professional guidance strongly advisable in almost every case. Mistakes made during probate, such as missing creditor notice deadlines, can result in personal liability for the personal representative.

Q. What happens if someone dies without a will in Florida

A. When a person dies without a valid will in Florida, their estate passes under Florida's intestacy statutes, which distribute assets in a specific order starting with the surviving spouse and descendants. The estate still goes through probate, and the court appoints a personal representative when no one is named. A probate attorney is essential in intestate cases because the rules for spousal shares, blended families, and minor beneficiaries can be complex and unintuitive.

Q. Can Medicaid come after my parent's estate after they die

A. Yes. If the decedent received Florida Medicaid long-term care benefits, the state's Medicaid estate recovery program can file a claim against the probate estate for the cost of those benefits. This claim is against estate assets, not against family members personally. Assets that passed outside of probate, through a trust, beneficiary designation, or Lady Bird Deed, are generally not subject to estate recovery. Proper Medicaid planning done in advance with a Florida Medicaid planning attorney can significantly reduce exposure.

Talk to a Florida Probate Lawyer Today

Do not navigate this alone. Our probate attorneys serve all of Florida from offices in Aventura, Boca Raton, and Plantation. Call us or schedule online.

Call us at (305) 419-3369

Schedule a Consultation Online

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