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Florida Probate Attorneys · Plantation, FL
Broward County Probate Attorney — Florida Probate Administration
Serving Fort Lauderdale, Broward, Miami-Dade & Palm Beach Counties
If you are settling a loved one’s estate, we can help you determine whether probate is needed and handle the court process. Our Florida probate lawyers represent families and personal representatives in Broward, Miami-Dade and Palm Beach counties.
Serving Broward, Miami-Dade & Palm Beach counties
Since 2011Helping South Florida families
300+ ★★★★★Five-star Google reviews
Voted GoldEstate Law & Law Firm
Sun Sentinel 2026
Sun Sentinel 2026
Plantation, FLServing Broward, Miami-Dade
and Palm Beach counties
and Palm Beach counties
When to contact a probate attorney
A loved one has passed away.
You’re trying to understand whether probate is needed and what to do with the estate.
You’ve been named personal representative.
You need guidance on your responsibilities, court filings and administering the estate.
There’s property in Florida.
You live elsewhere and need help addressing a loved one’s Florida assets.
Hear from Samantha
Do I really need
a probate attorney?
Samantha Fitzgerald explains the responsibilities involved in administering an estate and how an attorney can help.
Prefer to read? Explore the basics below ↓Samantha Fitzgerald · SJF Law Group
View full video transcript
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.
Editor's note: A summary administration petition may be filed by a beneficiary or by a person nominated as personal representative in the decedent's will.
Why Families Trust SJF Law Group with Probate
Meet the SJF team →Recognized probate experience
Named a 2026 Best of Florida Regional Winner in the Probate Law Firms category by Guide to Florida.
Court filings and estate responsibilities
We advise personal representatives on filings, creditor notices, accountings and distributions.
A boutique probate and estate administration firm.
You’ll work directly with experienced attorneys who know Florida probate. Our probate law firm is based in Plantation and has been serving families since 2011.
Samantha J. FitzgeraldOwner & AttorneyRead profile →
Marioly ChaconAssociate Attorney · Se habla españolRead profile →Samantha Fitzgerald holds an LL.M. in Taxation and is a licensed CPA, with experience guiding South Florida families through Florida probate since 2011.
Marioly Chacon works with many of our Spanish-speaking clients and can conduct your probate consultation in Spanish.
You’ll have a full probate team behind your case, not a single attorney working alone, so questions get answered quickly during a time when that matters most. Your attorney is personally involved in your case from filing to closing.
Ask us about our probate representation and what to expect at each stage. We will explain the scope before you decide to proceed.
Meet our probate attorneys and reach out with questions about your situation.
What to discuss with our office
You may have questions about the estate, your responsibilities or whether SJF can help. Here’s a simple way to prepare for that conversation.
Your connection to the estate
Tell us who passed away, where they lived and how you are connected to the estate.
The will and the assets
Let us know whether there is a will and whether the estate includes Florida property. We will explain which documents to provide.
Your questions about the work
Ask about the likely procedure, legal fees and what the personal representative would need to do.
Useful context for your conversation: where your loved one lived, whether there is a will, the general types of assets and your relationship to the estate. Avoid including confidential details in the initial web form.
What is probate and how does it work in Florida?
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. A Florida probate lawyer can explain the requirements and prepare the necessary filings.
When is probate required in Florida?
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 person lived out of state and left Florida probate property, ancillary probate may be needed.
Assets that typically do NOT go through probate include:
- Assets jointly owned with rights of survivorship
- Accounts with a designated beneficiary (TOD, POD, or ITF designations)
- Assets held in a revocable living trust
- Life insurance with a named beneficiary
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 review the assets and explain the available procedures.
What is the role of the personal representative?
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:
- Identifying, securing, and inventorying all probate assets
- Notifying creditors and publishing a notice to creditors in a local newspaper
- Paying valid debts, taxes, and administrative expenses
- Filing required tax returns — including any taxes the decedent may have owed
- Providing a formal accounting to beneficiaries
- Making final distributions to beneficiaries
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 can help you identify and address these risks.
Summary or formal administration: which applies to your estate?
Florida law provides two main types of probate administration. Understanding which applies is one of the first steps in the process.
| Comparison | Summary Administration | Formal Administration |
|---|---|---|
| When available | More than 2 years since death, OR estate value $150,000 or less† (excluding exempt assets) | Estate value over $150,000† 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 (subject to limited exceptions) |
| Typical timeline | 2–3 months | 6–12+ months |
| Creditor liability | Creditor claims and possible beneficiary liability must be addressed | Managed through formal creditor notice process |
| Best for | Smaller, straightforward estates | Most estates over $150,000† or with complex assets |
† Florida raised the summary/formal administration threshold to $150,000, effective July 1, 2026 (Fla. Stat. § 735.201). Which threshold applies can depend on additional factors — contact us to confirm which process fits your situation.
Eligibility also depends on the will and other requirements. The estate’s date of death affects which value limit may be needed. An attorney can confirm whether summary administration is available.
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. The procedure depends on the estate’s assets, creditors and other circumstances.
Formal Administration Formal administration is a full probate proceeding required for most estates over $150,000 (Fla. Stat. § 735.201) 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 Broward County probate attorneys handle both summary and formal administrations across all of South Florida.
How long does probate take in 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 |
These are estimates, not deadlines. Creditor issues, asset sales, tax matters and disputes can extend an administration.
What role does a will play in probate?
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.
Do I really need a probate attorney in Florida?
For formal administration — the most common type for estates over $150,000 (Fla. Stat. § 735.201) — 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.
A probate attorney advises the personal representative on these duties and handles the legal filings involved.
How is Florida homestead handled in probate?
A deceased person’s primary Florida residence may qualify as protected homestead. That status can affect creditor claims and who inherits the property. A surviving spouse or minor child can also limit what a will or trust may direct.
Even when a home passes outside the probate estate available to creditors, a court order may be needed to establish its homestead status and the heirs’ interests. We review the deed, family relationships and estate documents before advising on a sale or transfer.
Homestead is not treated the same as every other estate asset. See Florida Statutes section 732.4015.
Not sure how this applies to your family?
You can start with your situation rather than a legal term.
Probate questions
Every estate has its own circumstances. These starting points can help you prepare questions for a consultation.
What assets are subject to probate in Florida?
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.
What happens if there is no will in Florida?
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.
Can I be the personal representative for a family member’s estate in Florida?
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.
How much does probate cost in Florida?
Costs may include court filing fees, attorney fees, personal representative compensation and other administration expenses. The total depends on the estate and the work required.
Florida law provides a framework for reasonable attorney compensation; it does not mean every estate must pay a fixed percentage. Ask for an explanation of the proposed fee and anticipated expenses.
What is the difference between a personal representative and a trustee?
A personal representative is appointed by the probate court to administer probate assets. A trustee manages assets held in a trust under its terms. Trust administration generally proceeds without routine court supervision, although disputes or other issues may require court involvement.
Can probate be avoided in Florida?
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.
Our Plantation office serves South Florida
Our Plantation office helps families and personal representatives with Florida probate matters.
Local probate information: Plantation, Fort Lauderdale and Boca Raton.
Request a Complimentary Probate Consultation
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SJF Law Group
300 S. Pine Island Road, Suite 109
Plantation, FL 33324
Estate planning · Probate · Trust administration