Last updated: November 2026
To file probate in Florida, deposit the original will with the clerk, then file a petition for administration in the circuit court of the county where the person lived. The court appoints a personal representative, who gives notices and files an inventory. Carol L. Grant, P.A. helps Pembroke Pines and Broward County families file correctly the first time.
Key Takeaways
- The person holding an original will must deposit it with the clerk within 10 days after learning of the death, whether or not anyone opens probate.
- Probate is filed in the circuit court of the county where the decedent lived. For Pembroke Pines and the rest of Broward County, that is the 17th Judicial Circuit in Fort Lauderdale.
- Since July 1, 2026, summary administration is available for estates with $150,000 or less in non-exempt assets, up from $75,000.
- The Broward Clerk charges $401 to open a formal administration, $346 for summary administration of $1,000 or more, and $232 for disposition without administration.
- A personal representative needs a Florida attorney unless the representative is the only interested person or is a licensed Florida attorney.
- After Letters of Administration issue, the inventory is due within 60 days, and creditors generally have three months after first publication to file claims.
What Triggers a Probate Filing in Florida?
Probate is needed when someone dies owning assets in their name alone, with no joint owner or beneficiary designation to pass them on. A bank account, a house, or a car titled only to the decedent usually needs a court process before it can move to heirs.
Florida offers three paths. Which one fits depends on the size of the estate, how long ago the person died, and what the will says. Carol L. Grant, P.A. reviews the estate first and tells you which path fits before anything gets filed. You can read more about each one on our probate and estate administration pages, including formal probate administration and summary administration.
| Path | Who it fits | Who is appointed | Broward Clerk fee |
|---|---|---|---|
| Formal administration | Estates that do not qualify for a shorter path, or when the will calls for full administration | A personal representative, who receives Letters of Administration | $401 |
| Summary administration | Non-exempt assets of $150,000 or less, or a decedent who died more than two years ago. Not available if the will directs full administration. | No personal representative. The court orders the assets distributed. | $346 ($236 if under $1,000) |
| Disposition without administration | Very small estates, such as exempt property only, or up to $20,000 in non-exempt personal property when there is no will | No personal representative | $232 |
The summary administration limit doubled on July 1, 2026, when section 735.201 changed under CS/HB 1337. Many websites still show the old $75,000 figure. The $20,000 limit for disposition without administration comes from section 735.304, which the same law amended. For more on who qualifies, see our guide to Florida summary administration. For the smallest estates, our small estate affidavit guide explains how disposition without administration works and why banks sometimes turn affidavits down.
What Documents Do You Need to File Probate in Florida?
At minimum, you need the original will if one exists, a certified copy of the death certificate, and a completed petition for administration. The court asks for more once the case opens. Start by gathering these:
- The original signed will, if one exists
- A certified copy of the death certificate
- A list of heirs and beneficiaries, with current addresses
- A general idea of the estate's assets and their approximate value
- Any known creditor information
Your attorney prepares the court papers. For a formal administration, those usually include:
- The petition for administration
- The oath of personal representative
- A designation of resident agent
- A bond, if the court requires one
- The order admitting the will and appointing the personal representative
- Letters of Administration
If there is no will, you also need to identify every heir. Our guide on how to identify and notify heirs explains who counts. Our personal representative guidance page walks through what a personal representative should have ready.
What If You Are Holding the Original Will?
Deposit it with the clerk of court in the county where the decedent lived within 10 days after you learn of the death. Section 732.901 says deposit, not file, and depositing a will does not open a probate case. If you missed the 10 days, deposit it now, because a court can order a custodian to produce a will. Our page on filing the will with the court explains what happens at the courthouse.
How Do You File Probate in Florida Step by Step?
You file probate in seven steps, from depositing the will to filing the inventory. The order below applies to a formal administration.
- Deposit the original will. The custodian delivers it to the clerk within 10 days of learning of the death.
- Choose the path. Formal, summary, or disposition without administration, based on the estate's value, the date of death, and the will.
- Gather the documents. Collect the will, a certified death certificate, heir information, and a list of assets and creditors.
- File the petition. Your attorney files the petition for administration with the clerk in the county where the decedent lived.
- Get appointed. The court admits the will. The personal representative signs the oath, designates a resident agent, and posts a bond if one is required. The court then issues Letters of Administration.
- Give notice. The personal representative serves the Notice of Administration, publishes a notice to creditors, and serves known creditors directly.
- File the inventory. It is due within 60 days after Letters issue. Further filings continue until the estate closes.
Where Do You File Probate in Florida?
You file in the circuit court of the county where the decedent was living at death, under section 733.101. For Pembroke Pines and the rest of Broward County, that is the probate division of the 17th Judicial Circuit in Fort Lauderdale. Attorneys file electronically through the Florida Courts E-Filing Portal.
If your loved one lived in Miami-Dade or Palm Beach County, you file with that county's clerk, and that clerk's fee schedule applies. If they lived out of state but owned Florida property, you can file in any county where the property sits, and the estate may need ancillary probate. If you want help with steps two through five, you can schedule a call to talk through your situation with Carol L. Grant, P.A.
Can You File Probate in Florida Without an Attorney?
Usually not for a formal administration. Probate Rule 5.030(a) requires a personal representative to be represented by a Florida attorney, unless the representative is the only interested person or is a licensed Florida attorney.
That exception is narrow. If anyone else has a stake in the estate, such as another heir or a beneficiary, the personal representative needs a lawyer.
Summary administration and disposition without administration work differently. Rule 5.030 speaks to personal representatives, and neither of those paths appoints one. A mistake on those filings can still send you back to the clerk, so an attorney's review can save you a second trip. Our page on what a probate attorney does in Florida explains where a lawyer fits in.
How Much Does It Cost to File Probate in Broward County?
The Broward Clerk charges $401 to open a formal administration, $346 for a summary administration of $1,000 or more, and $232 for disposition without administration. A summary administration under $1,000 costs $236.
Those figures come from the Broward Clerk's published fee schedule and cover the court filing fee only. Newspaper publication, certified copies, and attorney fees are separate. Other Florida counties set their own schedules.
For a closer look at what makes up the total cost of an estate, see our probate costs and fees page. Carol L. Grant, P.A. can also give you a specific figure for your estate after reviewing your situation.
What Notice Do You Have to Give During Florida Probate?
Once the estate opens, the personal representative must give notice to the people and businesses with a stake in it. The notices come in two groups, one for heirs and beneficiaries and one for creditors.
The personal representative promptly serves a Notice of Administration on the surviving spouse, the beneficiaries, and others entitled to it under section 733.212. Anyone who receives it has three months from the date of service to object to the validity of the will, the venue, or the court's jurisdiction.
Creditors get notice too. The personal representative promptly publishes a notice to creditors in a local newspaper under section 733.2121 and serves known creditors directly. A creditor generally must file a claim by the later of three months after first publication or 30 days after being served, under section 733.702.
A creditor who did not get proper notice can ask the court for more time, so notice errors can reopen the claims period. Our creditor claims management page and our article on resolving creditor claims explain how claims are handled once they come in.
What Documentation Do You File After the Estate Opens?
After Letters of Administration issue, the personal representative files an inventory within 60 days under Probate Rule 5.340, then keeps filing until the estate closes. Expect these filings:
- An inventory of the estate's assets, listed with reasonable detail
- An amended or supplemental inventory if the personal representative learns of property that was left off
- Accountings showing how estate money came in and went out
- Receipts or waivers from beneficiaries when assets are distributed
- The final filings that close the estate
Skipping or delaying these filings is a common reason a probate case drags on. Our personal representative guidance page and our article on a personal representative's fiduciary duties cover the ongoing work. If the paperwork uses unfamiliar terms, our glossary of probate terms can help.
Florida Probate Filing Deadlines at a Glance
Six deadlines drive most of the paperwork in a Florida probate. The table lists each one with its source.
| Deadline | What it covers | Source |
|---|---|---|
| Within 10 days after learning of the death | Custodian deposits the original will with the clerk | Section 732.901(1) |
| Promptly after the estate opens | Serve the Notice of Administration and publish the notice to creditors | Sections 733.212 and 733.2121 |
| Within 60 days after Letters issue | File the inventory | Probate Rule 5.340(a) |
| Later of 3 months after first publication or 30 days after service | Creditor claims | Section 733.702(1) |
| 3 months after service of the Notice of Administration | Objections to the will's validity, venue, or jurisdiction | Section 733.212(3) |
| 2 years after death | Outside bar on claims against the estate, whether or not Letters have issued | Section 733.710(1) |
What Are the Most Common Filing Mistakes in Florida Probate?
The most common mistakes are holding the will too long, filing in the wrong county, giving incomplete notice, and missing the inventory deadline. Each one costs time, and some cost more.
- Holding the original will past 10 days. Deposit it as soon as you learn of the death.
- Filing in the wrong county. Venue follows the decedent's home county. A court can transfer a case filed in the wrong county, but the transfer adds delay.
- Giving incomplete notice. A missed beneficiary or creditor can reopen deadlines that should have closed.
- Missing the 60-day inventory. It is one of the first deadlines after Letters issue, and the rest of the case builds on it.
- Using an outdated threshold. The summary administration limit is now $150,000, not $75,000.
Carol L. Grant, P.A. reviews every document before it is filed, so Pembroke Pines and Broward County families do not lose time on a filing the court sends back. Learn more about probate help in Pembroke Pines, or read our article on common probate mistakes in Florida.
Common Questions About Filing Probate in Florida
How do I file probate in Florida?
Deposit the original will with the clerk, then file a petition for administration in the circuit court of the county where the person lived. The court admits the will, appoints a personal representative, and issues Letters of Administration. The personal representative then serves a Notice of Administration, publishes a notice to creditors, and files an inventory within 60 days. In Broward County, filings go to the 17th Judicial Circuit. Our step-by-step section above walks through each stage, and Carol L. Grant, P.A. can prepare and file the paperwork for you.
What forms do I need to file probate in Florida?
At minimum, you need a petition for administration, the original will if one exists, and a certified death certificate. For a formal administration, you also need an oath of personal representative, a designation of resident agent, and a bond if the court requires one. The court then issues Letters of Administration. Summary administration and disposition without administration use different petitions and affidavits. Carol L. Grant, P.A. confirms which forms fit your estate before anything is filed.
How long do I have to file probate after someone dies in Florida?
Florida sets no deadline to open probate, but the person holding the original will must deposit it with the clerk within 10 days after learning of the death. Waiting still carries risk. Claims against the estate are cut off two years after death, and a delay can complicate creditor claims and asset transfers. If you missed the 10 days, deposit the will right away, because a court can order a custodian to produce it. Our guide on how long after death you have to file probate covers timing in more detail.
What happens if you don't file probate in Florida?
Property titled only in the decedent's name usually stays stuck. Banks, title companies, and other holders typically want Letters of Administration or a court order before they release it. Not every estate needs probate, though. Some qualify for disposition without administration, and some assets pass outside probate. Our article on how much an estate has to be worth to go to probate in Florida explains the difference. If a will exists, the custodian must still deposit it within 10 days.
Can I do probate in Florida without a lawyer?
Usually not for a formal administration. Probate Rule 5.030(a) requires a personal representative to have a Florida attorney unless the representative is the only interested person in the estate or is a licensed Florida attorney. Summary administration and disposition without administration do not appoint a personal representative, so that rule does not apply to them in the same way. A mistake on those filings can still send you back to the clerk. Carol L. Grant, P.A. can tell you what your situation requires.
How much does it cost to file probate in Broward County?
The Broward Clerk charges $401 for formal administration, $346 for summary administration of $1,000 or more, and $232 for disposition without administration. These are court filing fees only. Newspaper publication, certified copies, and attorney fees are separate, and other Florida counties set their own schedules. Our probate costs and fees page explains what typically makes up the total, and our office can give you a specific figure for your estate.
Where do I file probate in Florida?
File in the circuit court of the county where the person lived at death. For Pembroke Pines and the rest of Broward County, that is the probate division of the 17th Judicial Circuit in Fort Lauderdale. If the person lived in Miami-Dade or Palm Beach County, you file with that county's clerk. If they lived out of state but owned Florida property, you can file in any county where the property is located, and the estate may need ancillary probate.
What is a petition for administration?
A petition for administration is the formal document that asks the court to open a probate case and appoint a personal representative. It identifies the decedent, the heirs, and the person asking to serve. The court reviews it, admits the will if there is one, and moves on to appointing the representative. In a formal administration, an attorney usually prepares and files it. Carol L. Grant, P.A. prepares petitions for Pembroke Pines and Broward County families.
What is the Notice of Administration?
It is the notice a personal representative serves on the surviving spouse, beneficiaries, and others entitled to it once the estate opens. It tells them the case exists and that anyone who receives it has three months from the date of service to object to the validity of the will, the venue, or the court's jurisdiction. The personal representative must serve it promptly.
Do I have to publish a notice to creditors in Florida probate?
Yes. In a formal administration, the personal representative must promptly publish a notice to creditors in a local newspaper, unless creditor claims are already barred by the two-year limit in section 733.710. The personal representative must also serve known or reasonably ascertainable creditors directly. Unknown creditors then have a limited window to file a claim. Our creditor claims management page explains how claims are handled.
What happens if I make a mistake on probate forms?
The clerk or the judge usually sends the document back for correction, and that adds time to the case. A petition filed in the wrong county can be transferred, which also adds delay. Missed notice or inventory deadlines are harder to fix. Working with an attorney from the start helps you avoid a second trip to the clerk. Carol L. Grant, P.A. reviews every document before it is filed.
Talk to Carol L. Grant, P.A. About Filing Your Florida Probate Case
You don't have to figure out Florida's probate paperwork alone. Carol L. Grant, P.A. helps families throughout Pembroke Pines and Broward County gather the right documents, file them correctly, and keep a case moving. Call (954) 404-8274 or request a consultation to talk through your situation.
This article is general information, not legal advice for your situation. Probate rules, thresholds, and fees change, so confirm current figures before you file.
