Florida Probate Lawyer

Serving all of Florida with offices in Miami, Boca Raton, Aventura, Plantation, and Jupiter.

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Experienced Probate Attorneys in Florida

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 relatives 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, and for families who would rather their estate never reach the courthouse at all, a comprehensive Florida estate plan built in advance can keep most assets out of probate entirely.

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 when a full probate proceeding is not immediately necessary. The rules that govern each step live in the Florida Probate Code, which sets out everything from creditor deadlines to the priority in which debts are paid.

Key Terms in Florida Probate

Testator

The testator is the person who made and signed the will. A valid Florida will must be signed by the testator in the presence of two witnesses who also sign the document, and knowing how to make a will in Florida correctly is what keeps it from being challenged later.

Handwritten wills raise special problems in Florida. A holographic will that was not signed and witnessed the way Florida requires is generally invalid here, even if it would have been accepted in another state.

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 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.

Florida Probate Timeline: What to Expect and When

Formal administration usually takes six to twelve months for an uncontested estate. The single biggest driver is the creditor claim period, which runs three months from first publication and cannot be shortened. The stages below show a representative sequence.

Summary administration — for estates of $75,000 or less, or where the decedent died more than two years ago — skips PR appointment and the formal creditor process, so it often finishes in four to eight weeks.

How Much Does Probate Cost 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 courts treat as reasonable unless there is a specific reason to adjust it. Total probate cost also includes the personal representative's commission, court filing fees, and publication costs.

Statutory Attorney Fee Schedule (Fla. Stat. § 733.6171)

The statutory attorney fee is not mandatory and is subject to negotiation; the schedule may not be appropriate in every estate (§ 733.6171(2)). Homestead property is generally excluded from the compensable value calculation. Many uncontested estates are handled on a flat fee below these figures.

What Probate Actually Costs, Start to Finish

The personal representative is separately entitled to a commission under Fla. Stat. § 733.617, in addition to the attorney fee, though family members who serve as PR often waive it. Adding court and publication costs, an uncontested estate's all-in total commonly lands in the 3% to 7% of gross estate value range. These figures are illustrative estimates, not quotes.

*Statutory presumed figures shown for illustration. Family PRs often waive the commission, and many uncontested estates are handled on a flat fee below the statutory schedule, so real totals are frequently lower.z

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 $235 to $400 depending on the type of administration and county. The total cost of a simple estate handled through summary administration is usually well under $5,000.

Want a clear, flat-fee quote for your specific estate? Schedule a probate consultation →

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, when there are creditor claims to evaluate, when the estate includes a business, or when beneficiaries are minors or have special needs. Families weighing whether they can handle probate without a lawyer in Florida should understand that a missed deadline can create personal liability for the personal representative.

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. 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. Relatives often worry about inherited debt, but children do not have to pay a parent's debts out of their own pockets; those debts are paid from the estate before anything passes to heirs.

A Probate Case Study: Formal Administration Done Right

The Situation

A Broward County daughter came to us after her father passed away without a trust. His estate included a paid-off home, two bank accounts, and a brokerage account held in his sole name, together worth roughly $480,000. She had been named in the will as personal representative but had never handled an estate and was worried about creditor claims and how long the process would take.

What We Did

●       Filed the petition and secured Letters of Administration appointing her as personal representative within the first month.

●       Prepared and filed the estate inventory, and published the Notice to Creditors immediately to start the three-month claim clock without delay.

●       Reviewed two creditor claims, negotiated one down, and confirmed the other was time-barred, saving the estate several thousand dollars.

●       Prepared the final accounting and petition for discharge, distributed assets to the beneficiaries, and closed the estate.

The Outcome

The estate closed in just over seven months — a typical timeline for a clean formal administration. Because the daughter was both PR and a beneficiary, she waived the statutory commission, keeping more of the estate in the family. We handled the matter on a flat fee quoted at the first consultation, so there were no surprises. Her main takeaway: the creditor period, not the paperwork, set the pace, and starting it early kept the case on schedule.

Illustrative composite based on typical Florida formal administrations. Individual results and timelines vary. Not a guarantee of outcome.

How to Avoid Probate in Florida

Probate is avoidable with proper advance planning, and the most effective tool is usually a revocable living trust combined with proper asset titling. Assets held in the trust pass directly to beneficiaries without any court involvement.

For Florida real estate, a Lady Bird Deed lets the owner keep full control of the property during their lifetime while it transfers automatically to heirs at death, skipping probate on the home entirely.

A pour-over will works as a safety net, capturing any asset accidentally left outside the trust and directing it back in, so nothing is unintentionally left to pass through intestacy.

Naming beneficiaries directly on bank, retirement, and life insurance accounts accomplishes the same goal for those assets. There are several other simple ways to avoid probate that are worth reviewing before deciding which combination fits your estate.

Which tools make sense depends on what you own and who your heirs are. Comparing the different types of trusts available in Florida is a practical starting point for deciding how much of your estate can be kept out of court.

Medicaid Estate Recovery and Florida Probate

If the decedent received Florida Medicaid long-term care benefits during their lifetime, the state's Medicaid estate recovery program may file a claim against the probate estate to recover the cost of those benefits. This claim is against estate assets, not against family members personally.

Assets that pass outside of probate, through a trust, beneficiary designation, or Lady Bird Deed, are generally beyond the reach of estate recovery. This is one of the biggest reasons that proactive Medicaid planning 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, and 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, and 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.

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.

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: $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. These are guidelines, not mandatory fees, and 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. Mistakes 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.

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 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. We'll give you a clear timeline, a flat-fee quote, and a plan for your family's situation.

All information is provided for general informational purposes only and reflects Fla. Stat. § 733.6171 and § 733.617 as available in 2026. It is not legal advice and does not create an attorney-client relationship. Figures are estimates; verify current statutory amounts before publishing.

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