Losing a loved one is hard enough. Navigating the Florida probate process on top of it — without guidance — can be overwhelming, costly, and time-consuming. At SJF Law Group, our Fort Lauderdale probate attorneys are here to carry that weight for you.
Since 2011, we’ve guided hundreds of Florida families through both summary and formal probate administration in Broward, Miami-Dade, and Palm Beach counties. We handle every step of the process so you can focus on your family — not the paperwork.
Hi everyone, Samantha Fitzgerald here with SJF Law Group.
Do you really need an attorney to do a probate administration in Florida?
This is the time of DIY. Who wants to spend all that money on an attorney, right? Well, first of all, you’re actually required by law to have an attorney in Florida.
So, there’s two different types of probate administrations. There’s something called a summary administration and a formal administration.
A summary administration you are allowed to do on your own. No requirement to have a lawyer. There is no executor or personal representative appointed in that type of estate. Somebody is the petitioner, and only a beneficiary can be a petitioner.
So I’m not really sure of the statistics, but probably about half of those cases end up being done without an attorney. But it’s quite a complicated process depending on the nature of the assets, and it’s certainly a lot faster and done properly when you have an attorney.
But we’re going to talk about formal administrations today, which is what I call a full-blown probate administration—the type that you are accustomed to knowing about.
And as I said, you are actually required by law to have an attorney unless there’s one beneficiary. If the personal representative is the sole beneficiary, you’re not required.
But why would you want to have an attorney? Even if you weren’t required by law to have an attorney, why would you want to have an attorney?
Well, this is a very complicated process. This is a court case. It’s a legal process. It’s like saying, “I’m going to perform my own brain surgery on myself.” Of course, you would never do that.
You’re going to need to know how to prepare legal documents such as deeds to real estate. You need to provide an accounting to the beneficiaries. You need to file tax returns. You need to notify creditors and publish notice in the newspaper. You need to make proper distributions to beneficiaries.
And if you don’t do some of these things properly, you as the personal representative can be personally responsible. You are a fiduciary appointed by the court.
So you could be personally responsible to the Internal Revenue Service if you don’t file tax returns and make sure that taxes were actually paid. That goes for even past taxes that the decedent might have owed.
If you make distributions to beneficiaries and you don’t properly pay creditors that should have been paid, you can be personally responsible to those creditors.
Something as simple as, “Oh, I would like to buy the property from the estate, and I’m going to get an appraisal and I’m going to pay fair market value for that property from the estate.” Well, guess what? You’ve just breached your fiduciary duties because you are in an automatic position of a conflict unless you get permission from the court or the beneficiaries.
So there are so many traps that you can fall into that are really big and disastrous for yourself potentially. You can get sued by the beneficiaries for your breach of your fiduciary responsibilities.
And then who’s going to pay your legal fees? There are a lot of rules surrounding that. So it’s not a position that you want to be in. You want to do things properly.
So not only are you required by law to have an attorney, but it’s certainly a good idea because it is a very complicated process.
And not only is the attorney going to help you do it properly, but the attorney is going to help you get to the finish line much, much faster than if you were doing it on your own.
So, thanks for watching our video. We have lots of other great videos on our YouTube channel—lots of probate videos. So if you have any questions about the probate process, please check out our other videos.
And I’d love to hear your comments about probate. So please comment below if you’ve ever served as a personal representative or if you’ve been a beneficiary in an estate.
Please comment below. Thanks.
Probate is a court-supervised legal process for identifying and gathering a deceased person’s assets, paying their outstanding debts, and distributing the remaining assets to their beneficiaries.
Florida has specific probate rules, procedures, and deadlines that must be followed precisely. Missing a deadline or filing incorrectly can delay the process by months — or expose the personal representative to personal liability. Working with an experienced Florida probate lawyer ensures the estate is administered properly and efficiently.
Probate is required when the decedent leaves behind what Florida law classifies as “probate assets” — assets that are titled solely in the decedent’s name with no designated beneficiary or joint owner.
If the decedent lived out of state but owned property in Florida, a separate process called ancillary probate applies.
Assets that typically do NOT go through probate include:
Assets that typically DO go through probate include real estate titled solely in the decedent’s name, bank accounts without a payable-on-death designation, vehicles, and personal property.
If you’re unsure whether an estate requires probate, contact our office — we can evaluate the assets and advise you quickly.
In Florida, the personal representative (known as an “executor” or “administrator” in other states) is the court-appointed individual responsible for administering the estate. Their duties include:
The personal representative is a fiduciary appointed by the court — meaning they can be held personally liable for mistakes. Paying beneficiaries before settling creditor claims, failing to file tax returns, or purchasing estate property without court or beneficiary approval can all result in personal legal and financial exposure. An attorney protects you from these traps.
Florida law provides two main types of probate administration. Understanding which applies is one of the first steps in the process.
| Summary Administration | Formal Administration | |
|---|---|---|
| When available | Decedent dead 2+ years, OR estate value $150,000 or less for deaths on/after July 1, 2026 ($75,000 for deaths before) (excluding exempt assets) | Estate value over $150,000 (or $75,000 for deaths before July 1, 2026) OR personal representative needs to be appointed |
| Personal representative | Not appointed — a beneficiary or a person nominated as personal representative in the will serves as petitioner | Court-appointed personal representative (executor) |
| Attorney required? | Not required, though strongly recommended | Required by Florida law (except when PR is sole beneficiary) |
| Typical timeline | 2–3 months | 6–12+ months |
| Creditor liability | Beneficiaries remain liable for 2 years after death | Managed through formal creditor notice process |
| Best for | Smaller, straightforward estates | Most estates over $150,000 (or $75,000 for deaths before July 1, 2026) or with complex assets |
Summary Administration
Summary administration is a simplified, faster process available for smaller estates. While an attorney is not legally required, the process involves court filings, legal deadlines, and asset-specific complexity that can significantly slow things down without professional guidance. Roughly half of summary administrations are attempted without an attorney; many run into avoidable delays.
Formal Administration
Formal administration is a full probate proceeding required for most estates over $150,000 (or $75,000 for deaths before July 1, 2026) or when a personal representative must be appointed. Florida law requires attorney representation in formal administration (with limited exceptions). This process involves court oversight, creditor notification, tax filings, accountings, and court approval before final distributions can be made.
Our Fort Lauderdale probate attorneys handle both summary and formal administrations across all of South Florida.
The timeline depends on the type of administration and the complexity of the estate:
| Type | Typical Timeline |
|---|---|
| Summary administration | Typically 2–3 months |
| Formal administration (straightforward) | Approximately 6–9 months |
| Formal administration (complex or contested) | 12 months or longer |
| Estates with real estate, tax issues, or creditor disputes | May extend further depending on circumstances |
Working with an experienced probate attorney keeps the process on track and avoids the filing errors, missed deadlines, and court delays that commonly extend timelines for self-represented estates.
A will does NOT avoid probate — it guides it. If the decedent left a valid will, it must be admitted to the Florida probate court before it can effectively transfer ownership of probate assets to the named beneficiaries.
If the decedent died without a will (called dying “intestate”), the probate assets are distributed according to Florida’s intestacy laws — which may not reflect what the decedent would have wanted. The court follows a fixed formula based on family relationships, regardless of any informal wishes the decedent may have expressed.
This is one of the most important reasons to have an estate plan in place. If you’re concerned about what would happen to your estate without one, our team can help — both with the current probate matter and with planning for the future.
Our Plantation, FL office serves families throughout Broward, Miami-Dade, and Palm Beach counties. Contact us for a free consultation.
For formal administration — the most common type for estates over $150,000 (or $75,000 for deaths before July 1, 2026) — Florida law requires attorney representation (with narrow exceptions). But beyond the legal requirement, the practical reasons are just as compelling.
The personal representative carries significant legal responsibility. Failing to properly notify creditors, file tax returns, manage estate assets, or distribute proceeds in the correct order can result in the personal representative being held personally liable — to the IRS, to creditors, or to beneficiaries.
An experienced Florida probate attorney protects the personal representative from these risks, keeps the process moving efficiently, and handles the legal complexity so the family can focus on healing.
SJF Law Group’s probate attorneys serve clients throughout South Florida from our Plantation, Florida office. We regularly serve families in nearby communities like Boca Raton, as well as dozens of cities across Broward, Miami-Dade, and Palm Beach counties.
We handle probate matters in the following counties and communities:
| Broward County | Miami-Dade County | Palm Beach County |
|---|---|---|
| Fort Lauderdale | Miami | West Palm Beach |
| Plantation | Coral Gables | Boca Raton |
| Weston | Aventura | Delray Beach |
| Coral Springs | Hialeah | Boynton Beach |
| Pembroke Pines | Doral | Palm Beach Gardens |
| Hollywood | North Miami | Wellington |
| Sunrise | Homestead | Jupiter |
| Deerfield Beach | Key Biscayne | Lake Worth |
Don’t see your city listed? Call us — if your estate is in Florida, we can help. Our attorneys handle probate in all 67 Florida counties when needed.
Assets titled solely in the decedent’s name with no beneficiary designation or joint owner are generally subject to probate. This commonly includes real estate in the decedent’s name only, bank accounts without a POD designation, vehicles, and personal property. Assets with named beneficiaries, jointly owned assets with survivorship rights, and assets held in a revocable trust typically bypass probate entirely.
If someone dies without a will in Florida (called dying “intestate”), their probate assets are distributed according to Florida’s intestate succession laws. The court follows a statutory formula based on surviving family relationships. The distribution may not reflect the decedent’s actual wishes, which is why a valid will is always preferable.
Possibly. Florida law limits who can serve as a personal representative. Generally, the personal representative must be a Florida resident or a legally related non-resident (such as a spouse, sibling, parent, or child of the decedent). If you’re unsure whether you qualify, an attorney can advise you before you petition the court.
Probate costs in Florida vary by estate size and complexity, and include court filing fees, attorney’s fees, personal representative compensation, and other administrative expenses. Florida’s statutory fee schedule is based on the gross value of the estate. In general, Florida probate can cost between 3–5% or more of the estate’s gross value — which is one of the primary reasons many families choose to establish a trust-based estate plan to avoid probate altogether.
A personal representative is appointed by the probate court to administer assets that go through the probate process. A trustee manages assets held inside a trust, which pass privately without court involvement. These are separate roles — and in many estate plans, a person serves in one role but not the other.
Yes, with proper planning. Assets can be structured to pass outside of probate through a revocable living trust, beneficiary designations, transfer-on-death or payable-on-death account designations, and joint ownership with survivorship rights. A comprehensive estate plan is the most effective way to spare your family from the probate process. For very small estates with only minimal assets, such as final expenses, Florida also offers a simplified process called disposition without administration. Our estate planning team can help you build that plan.
You don’t have to navigate the Florida probate process alone. Whether you’ve just lost a loved one and don’t know where to start, or you’re a personal representative trying to understand your responsibilities, our team is here to help.
SJF Law Group has been guiding South Florida families through probate since 2011. We know the process, we know the courts, and we know how to get you to the finish line — efficiently and with as little stress as possible.
