A probate attorney in Florida guides families, personal representatives, and beneficiaries through the legal process of settling a deceased person's estate. They handle the court filings, manage creditor claims, identify and value assets, and make sure property is legally transferred to the right people, all in compliance with Florida's probate code. For most Florida estates going through formal administration, having a licensed Florida attorney is not optional. It is legally required.
If you are dealing with the loss of a loved one and wondering what comes next, this guide walks you through what a probate attorney actually does, how the process works in Florida, and what to look for when choosing someone to help.
Key Takeaways
- Probate is the court-supervised process of settling a deceased person's debts and distributing their assets.
- In Florida, formal probate administration legally requires representation by a licensed Florida attorney.
- A probate attorney guides the personal representative through every stage, from opening the estate to final distribution.
- Florida offers two main administration options: formal administration (typically 6–18 months) and summary administration (typically 1–2 months).
- Attorney fees in Florida probate are paid from the estate, not out of the personal representative's own pocket.
- Not all assets go through probate. Jointly held property, accounts with named beneficiaries, and assets in a trust typically pass outside of court.
Understanding Florida Probate - A Quick Overview
Probate is the legal process through which a deceased person's assets are collected, debts are paid, and property is transferred to heirs or beneficiaries. In Florida, this process is governed by Chapters 731 through 735 of the Florida Statutes, which set out specific rules for how estates are opened, administered, and closed.
Florida's probate system operates under circuit court jurisdiction. The process takes place in the county where the person lived at the time of death, or, for non-residents who owned Florida property, in the county where that property is located.
One thing many people don't realize: not everything a person owns has to go through probate. Assets that pass automatically outside of court include:
- Accounts with named beneficiaries, like life insurance policies and retirement accounts
- Property held in joint tenancy with right of survivorship
- Assets held in a revocable living trust
- Certain payable-on-death and transfer-on-death accounts
Probate applies to assets titled solely in the deceased person's name with no named beneficiary. If someone dies with a will, what the law calls dying "testate", that will must be submitted to the court and proved valid before assets can be distributed. If there is no will, dying "intestate", Florida's intestacy laws determine who inherits.
Understanding what has to go through probate, and what doesn't, is one of the first things a probate attorney addresses when a family comes in.
What Does a Probate Attorney Actually Do?
A probate attorney in Florida manages the legal process of estate administration on behalf of the personal representative, the person appointed by the court to settle the estate. Their job covers a wide range of responsibilities, from opening the case with the court to closing it out months later.
Here is what that work looks like in practice.
Helping the Personal Representative Get Appointed
Before anything else can happen, someone needs to have legal authority to act on behalf of the estate. The probate attorney files a petition with the circuit court, submits the will if one exists, and requests that the court appoint a personal representative. Once the court issues Letters of Administration, the personal representative has the legal standing to manage estate assets, open accounts, correspond with creditors, and take all the steps that follow.
If you have been named as a personal representative in someone's will, or expect to be appointed, our personal representative guidance page explains what that role involves.
Filing the Will and Notifying Beneficiaries
If a will exists, the probate attorney files it with the court and works to have it admitted to probate. This involves submitting the original will, providing sworn testimony or affidavits as required, and formally notifying all named beneficiaries and heirs of the proceeding.
Florida law requires that beneficiaries and heirs receive a Notice of Administration within three months of the personal representative's appointment. This gives interested parties formal notice of the probate and their right to raise objections. The attorney manages all of this paperwork and tracks the required timelines. For more detail on this step, see our page on filing the will with the court.
Identifying and Valuing Estate Assets
The probate attorney assists the personal representative in tracking down and documenting everything the deceased owned that is subject to probate. This includes bank accounts, real estate, vehicles, personal property, and business interests. A formal inventory must be prepared, filed with the court, and served on interested parties.
Some assets require professional appraisal to establish fair market value. The attorney coordinates these valuations and makes sure the inventory meets Florida's legal requirements. You can learn more about this process on our estate administration page.
Managing Creditor Claims
One of the more time-consuming parts of probate is dealing with creditors. Florida Statute §733.2121 requires the personal representative to publish a Notice to Creditors in a local newspaper for two consecutive weeks. Known creditors must also receive direct written notice.
Creditors then have a defined window to file claims against the estate. The probate attorney reviews every claim that comes in and advises the personal representative on which to pay, which to object to, and how to handle disputes. This is not just administrative work, creditor objections have hard deadlines, and missing them can have real consequences for the estate.
We handle every stage of this process for our clients. You can read more on our creditor claims management page.
Handling Court Filings and Legal Compliance
Throughout the administration, the probate attorney keeps the case moving through the court. This means drafting and filing petitions, meeting statutory deadlines, preparing required notices, and responding to court orders. Florida probate has strict timelines built into the rules, for example, the petition for discharge must generally be filed within 12 months of the Letters of Administration being issued.
Missing a deadline or filing an incorrect document can delay the case significantly. Having an attorney who knows the Florida Probate Rules, and stays on top of the court's requirements, keeps the process on track.
Distributing Assets to Beneficiaries
Once debts are paid and all legal requirements are satisfied, the probate attorney prepares the final accounting and petition for discharge. The final accounting documents every financial transaction during the administration, what came in, what went out, and what remains. It must be served on all interested parties before the court will approve it.
After the court signs the order of discharge, remaining assets are distributed to beneficiaries. The personal representative is then released from their fiduciary duties, and the estate is officially closed.
Formal vs. Summary Administration in Florida - Which One Applies?
Florida offers two main types of probate administration, and which one applies depends on the size of the estate and how long ago the person passed away.
Formal administration is the standard process. It is required when the non-exempt assets of the estate exceed $75,000 in value and the person died less than two years ago. It involves ongoing court supervision, appointment of a personal representative with Letters of Administration, a full creditor notice period, and a final accounting. Formal administration typically takes between six and eighteen months to complete. Complex estates, those involving litigation, business interests, or difficult asset sales, can take longer.
Learn more on our formal probate administration page.
Summary administration is a simplified alternative available when either:
- The non-exempt estate assets do not exceed $75,000, or
- The person has been deceased for more than two years (regardless of estate size)
It's worth noting that exempt property, Florida homestead, two motor vehicles, and household furnishings up to $20,000, does not count toward that $75,000 threshold. An estate with a $400,000 homestead and a $60,000 bank account, for example, would still qualify for summary administration because only the bank account counts as non-exempt.
In summary administration, no personal representative is appointed. Instead, the court issues a single order distributing assets directly to beneficiaries. The process typically wraps up in one to two months.
A third option, disposition without administration, exists for the smallest cases, where the only assets are exempt property or personal property that doesn't exceed the cost of funeral and final medical expenses. This is a narrow exception, not a common path.
If you are unsure which type of administration applies to your situation, our summary administration page has more detail, and a consultation with Carol L. Grant, P.A. can give you a clear answer quickly.
How Much Do Probate Attorney Fees Cost in Florida?
Florida probate attorney fees are governed by Florida Statute §733.6171, which establishes a presumptively reasonable fee structure based on the value of the estate. The scale works as follows:
- 3% of the first $1 million in estate value
- 2.5% for amounts between $1 million and $5 million
- 2% for amounts between $5 million and $10 million
- 1.5% for amounts above $10 million
These percentages apply to the inventory value of the probate assets, plus any income the estate earns during administration.
One thing that surprises many families: attorney fees are paid from the estate itself, not out of the personal representative's own pocket. The cost comes from the assets being administered, not from the family members managing the process.
Additional fees may apply for extraordinary services, things like selling real estate, handling tax proceedings, or managing litigation that arises during administration. These are separate from the standard percentage and require court approval.
The personal representative is also entitled to compensation under a similar percentage structure under Florida Statute §733.617. Family members who serve as personal representatives often choose to waive this compensation to preserve estate assets for distribution.
If you have questions about what probate might cost for a specific estate, schedule a consultation with Carol L. Grant, P.A. We can give you a clear picture of what to expect. You can also review our probate glossary for definitions of key terms used throughout the process.
Do You Have to Have an Attorney for Probate in Florida?
For formal administration, the most common type of Florida probate, yes. Florida law requires that the personal representative be represented by a Florida-licensed attorney throughout the process. Unlike some states where individuals can handle probate themselves, Florida's formal administration cannot be handled pro se.
The reason is practical, not arbitrary. Formal administration involves strict court deadlines, complex creditor notice procedures, mandatory filings, and fiduciary obligations. The personal representative is legally responsible for getting every step right. An error in the Notice to Creditors, a missed deadline on a petition, or an improperly prepared inventory can delay the case, expose the personal representative to personal liability, or result in assets being distributed incorrectly.
One of our clients, Kevin, came to Carol L. Grant, P.A. after trying to handle his mother's probate case on his own. He later described it this way in his Google review: after going through many hurdles, including living out of state, he realized handling it alone was not a realistic option. With Carol's help, the process moved forward and resolved successfully.
Summary administration has somewhat more flexibility, but working with an attorney still makes a significant difference. The petition must meet specific legal requirements, the will must be properly proved, and creditors must be notified correctly. Errors at this stage can undo the process entirely.
The short answer: if the estate requires formal administration, an attorney is not optional. Even for summary administration, professional legal guidance protects everyone involved. Our blog post on how probate works in Florida is a good starting point if you want a broader overview before speaking with us.
What to Look for When Choosing a Probate Attorney in Pembroke Pines
Probate is not just a legal process, it happens in the middle of grief. The attorney you work with should understand that, and handle your case accordingly.
Here are a few things to consider when choosing a probate attorney in the Pembroke Pines and South Florida area.
Florida-specific knowledge matters. Probate law varies significantly by state. Florida has its own statutes, its own court rules, and its own homestead protections that affect how estates are administered. Working with an attorney who practices Florida probate, not just general law, makes a real difference in how smoothly the process goes.
Responsiveness counts. Probate moves at the pace of the court, but families should never be left wondering what is happening with their case. Look for an attorney who keeps you informed at each stage and responds promptly when you have questions. Client after client in Carol L. Grant's reviews points to her communication and accessibility as what set her apart.
Local presence helps. An attorney based in Broward County knows the local courts, understands how local judges handle procedural matters, and can appear on your behalf without the complications that come with out-of-area representation. Carol L. Grant, P.A. is located in Pembroke Pines and serves families across Broward County and Miami-Dade County, including Miramar, Hollywood, Weston, Cooper City, Fort Lauderdale, Davie, Plantation, and the surrounding communities.
Ask the right questions at your consultation. When you sit down with a probate attorney, consider asking: How long do you expect this process to take? How will fees be calculated? Who will be my main point of contact? What happens if a creditor dispute arises?
At Carol L. Grant, P.A., every consultation is an opportunity to understand your situation clearly before any commitments are made. We work with families at one of the hardest moments they will face, and we take that responsibility seriously.
You can also learn more about the firm and Carol's background on our about page.
Key Takeaways
- Probate is required for assets titled solely in the deceased person's name with no named beneficiary and no trust holding them.
- Florida formal administration requires an attorney by law, this is not optional for most estates.
- A probate attorney handles everything from opening the estate to closing it, including court filings, creditor notices, asset inventory, and final distribution.
- Formal administration takes 6–18 months. Summary administration, for qualifying estates, typically takes 1–2 months.
- Attorney fees come from the estate, not from the personal representative personally.
- Not all assets go through probate. A revocable living trust, beneficiary designations, and joint ownership can all help avoid probate entirely.
Frequently Asked Questions
What does a probate attorney do in Florida?
A probate attorney in Florida represents the personal representative through the legal process of settling an estate. This includes filing the petition to open the estate, submitting the will to the court, notifying beneficiaries and creditors, preparing the asset inventory, managing creditor claims, handling all required court filings, and preparing the final accounting and petition for discharge. For formal administration, Florida law requires that the personal representative work with a licensed Florida attorney throughout the process.
How much does a probate attorney cost in Florida?
Florida Statute §733.6171 establishes a presumptively reasonable fee structure based on estate value: 3% of the first $1 million, 2.5% on amounts between $1 million and $5 million, and lower percentages for larger estates. Additional fees may apply for extraordinary services such as real estate sales or litigation. All attorney fees are paid from the estate, not by the personal representative personally. The exact cost depends on the size and complexity of the estate, and it is best discussed at a consultation.
Who pays the probate attorney fees in Florida?
Probate attorney fees are paid from the estate's assets, not out-of-pocket by the personal representative or any individual beneficiary. The fees are considered an expense of estate administration and are approved by the court as part of the final accounting process.
Do you need an attorney for probate in Florida?
Yes, for formal administration. Florida law requires that the personal representative in a formal probate proceeding be represented by a Florida-licensed attorney. Summary administration has different rules, but working with an attorney still protects everyone involved and reduces the risk of errors that could delay or derail the process.
How long does probate take in Florida?
Formal administration typically takes between six and eighteen months, depending on estate complexity, the number of creditors, and whether any disputes arise. Summary administration, available for estates with less than $75,000 in non-exempt assets, or when the person died more than two years ago, typically takes one to two months. For a closer estimate based on your specific situation, see our blog post on how long probate takes in Florida.
What is the difference between formal and summary administration in Florida?
Formal administration is the standard probate process, required when non-exempt estate assets exceed $75,000 and the person died less than two years ago. It involves court supervision, a personal representative with Letters of Administration, a full creditor notice period, and a final accounting. Summary administration is a simplified alternative for smaller or older estates. No personal representative is appointed; instead, the court issues a single order distributing assets to beneficiaries. Summary administration is faster and less costly, but it only works for qualifying estates.
What assets have to go through probate in Florida?
Assets that go through probate are those titled solely in the deceased person's name with no named beneficiary and no other legal mechanism to transfer them. Common examples include individually owned bank accounts, real estate titled only in the decedent's name, and personal property. Assets that typically avoid probate include life insurance with named beneficiaries, retirement accounts, jointly held property, payable-on-death accounts, and assets held in a trust. Our blog post on whether you can get around probate in Florida covers probate-avoidance strategies in more detail.
What is a personal representative in Florida probate?
A personal representative, called an executor in some other states, is the person appointed by the court to administer the estate. Their duties include marshaling assets, paying debts, filing required court documents, and distributing property to beneficiaries. In Florida, the personal representative must be represented by a licensed Florida attorney throughout formal administration. For more detail, visit our personal representative guidance page.
Can a beneficiary hire their own probate attorney in Florida?
Yes. The probate attorney represents the personal representative, not the beneficiaries individually. Beneficiaries who want independent legal advice, especially if they have concerns about how the estate is being administered, are entitled to retain their own counsel. Our page on protecting beneficiary rights in Florida probate explains what beneficiaries are entitled to know and do during the process.
What happens if there is no will in Florida?
When someone dies without a valid will, they are said to have died intestate. Florida's intestacy laws determine how the estate is distributed. The order of priority generally starts with the surviving spouse and children, then moves to more distant relatives if no immediate family survives. The process still goes through probate court, and a personal representative is still appointed, the difference is that the court follows state law rather than the deceased person's wishes in determining who receives what. For more, read our blog post on the disadvantages of dying without a will in Florida.
Ready to Talk? We're Here to Help.
Probate does not have to be overwhelming. With the right guidance, the process can move forward clearly and on a predictable timeline, even when grief makes everything feel harder.
Carol L. Grant, P.A. works with families throughout Pembroke Pines, Broward County, and Miami-Dade County, helping personal representatives and beneficiaries get through the probate process with confidence. We handle everything from opening the estate to closing it, and we keep you informed every step of the way.Call us at (954) 404-8274 or request a consultation online. We are available Monday through Friday, 9:00 AM to 5:00 PM.
