Probate Attorney in Fort Lauderdale, FL

Probate is the court-supervised legal process for settling a deceased person’s estate, including paying debts, resolving creditor claims, and transferring assets to the rightful beneficiaries. In Florida, probate is handled at the county level. For Fort Lauderdale residents and Broward County estates, that means filing with the Broward County Circuit Court in the 17th Judicial Circuit.

Probate is required when a person dies owning assets solely in their name that don’t have a designated beneficiary or joint owner. Common examples include real estate titled only in the decedent’s name, bank accounts without a pay-on-death designation, and personal property.

Not everything goes through probate. Assets with named beneficiaries, such as life insurance policies, IRAs, and 401(k)s, pass directly to beneficiaries outside of probate. Assets held in a revocable trust also avoid probate entirely. Learn more about which assets are exempt from probate in Florida.

Florida law provides two main types of probate administration. Which one applies depends on the size and age of the estate.

Summary Administration

Summary administration is a simplified, faster process available when the decedent has been dead for more than two years, or when the total value of probate assets is $150,000 or less (excluding exempt property like a homestead), for deaths on or after July 1, 2026, the threshold was $75,000 for deaths before that date. There is no personal representative appointed; instead, a petitioner, who may be a beneficiary or a person nominated as personal representative in the will, files directly with the court. Summary administration typically takes two to three months to complete.

While you are not legally required to have an attorney for summary administration in Florida, the process involves specific court filings and legal requirements that are easy to get wrong. Working with an experienced probate attorney helps ensure the process is completed correctly and efficiently.

Formal Administration

This is a full court-supervised process involving creditor notification, an inventory of assets, debt resolution, and final distribution to beneficiaries. Formal administration typically takes a minimum of six months, and often nine to twelve months or longer depending on the complexity of the estate.

Under Florida law, formal administration requires an attorney. The only exception is when the personal representative is also the sole beneficiary.

Being named personal representative of a Fort Lauderdale estate is both an honor and a serious legal responsibility. As a fiduciary appointed by the Broward County court, you are personally responsible for how the estate is administered, and that responsibility has real consequences if things go wrong.

Your duties as personal representative include:

• Filing the will and opening probate with the Broward County Circuit Court
• Notifying known creditors and publishing a Notice to Creditors in a local newspaper
• Identifying, gathering, and valuing all probate assets
• Managing estate assets during the probate process to prevent loss in value
• Paying valid debts, expenses, and taxes from estate funds
• Filing any required federal or state tax returns on behalf of the estate
• Distributing remaining assets to beneficiaries according to the will or Florida law
• Filing a final accounting with the court

Personal representatives who make mistakes, even unintentional ones, can be held personally liable. Common pitfalls include missing creditor deadlines, making early distributions before debts are resolved, or failing to file required tax returns. Having an experienced Fort Lauderdale probate attorney by your side protects both you and the estate. Learn more about the role of the personal representative in managing creditor claims.

If you’ve been named a beneficiary in a will or believe you may be entitled to a share of a Fort Lauderdale estate, you have rights, and you deserve to understand what’s happening throughout the probate process.

As an heir or beneficiary in a Florida probate proceeding, you are entitled to:

• Receive formal notice that probate has been opened
• Review the inventory of estate assets
• Receive a copy of the will once it has been filed with the court
• Object to creditor claims if you believe they are invalid
• Receive a final accounting before assets are distributed
• Challenge the actions of the personal representative if they are not fulfilling their duties

If you feel that probate is moving too slowly, assets are being mismanaged, or you’re being kept in the dark, SJF Law Group can help you understand your rights and take appropriate action.

Retiree estates with a Florida home

Many Fort Lauderdale retirees own a home in their name alone. If there’s no trust in place, that home will need to go through probate before it can be transferred or sold. Florida’s homestead laws provide constitutional protections but also impose restrictions on how the property can be devised, which can create complications in probate that require careful legal handling. We help families navigate this efficiently, including all homestead-specific issues under Florida law.

Snowbirds with out-of-state heirs

Fort Lauderdale has a large population of part-time Florida residents whose primary heirs live in other states. We regularly work with out-of-state personal representatives and beneficiaries, offering virtual consultations and handling all local court filings on their behalf.

Estates without a will

When someone dies without a valid will in Florida, called dying intestate, their assets are distributed according to Florida’s intestacy laws. We guide families through this process, which can be especially complicated in blended family situations. Learn more about what happens when you die without a will in Florida.

Beneficiary designation issues

Not all assets avoid probate simply because a beneficiary is named. Outdated or conflicting beneficiary designations can create complications during the probate process. We help families understand whether named beneficiaries are truly enough to avoid probate and what to do when they aren’t.

Disputes between heirs or beneficiaries

Probate can sometimes surface old family tensions. If heirs disagree about asset distribution, the validity of a will, or the actions of the personal representative, we provide guidance and, when necessary, representation to protect our clients’ interests.

Small estates qualifying for summary administration

Not every probate case is a lengthy formal process. We regularly help Fort Lauderdale family complete summary administration quickly and correctly, avoiding the delays that come from improperly filed petitions.

• Deep Florida probate experience. Our team handles probate cases across Broward, Miami-Dade, and Palm Beach counties and files regularly in the Broward County 17th Judicial Circuit. We know the local courts and what they expect.
• Guidance for both sides of the process. Whether you’re the personal representative or an heir, we can help. We represent both parties and make sure everyone understands what’s happening and why.
• Advanced tax and financial credentials. When an estate involves tax filings, business interests, or complex financial assets, Samantha’s LL.M. in Taxation and CPA license mean you don’t need to hire a separate tax advisor for most estate tax questions.
• Clear communication throughout. We know families want updates, not silence. We keep you informed at every stage so there are no surprises.
• Transparent about costs. We discuss all expected probate costs during your free consultation, so you know what to expect before we begin. No surprises, no hidden fees.
• Free consultations. Not sure if you even need an attorney? Call us. We’ll give you an honest assessment of your situation at no charge.