What Is Probate in Florida?

Probate is the legal process used to administer certain property and financial affairs after a person’s death.

The person who died is called the decedent. The property subject to probate becomes part of the probate estate. Depending on the type of administration, the court may appoint a personal representative to administer the estate.

The personal representative is not simply the person who receives the decedent’s property. The personal representative serves in a fiduciary role and may be responsible for gathering and protecting estate assets, addressing expenses and creditor claims, carrying out court and statutory requirements, and distributing estate property to the appropriate beneficiaries.

Florida Statute §733.602 expressly identifies the personal representative as a fiduciary and requires the personal representative to settle and distribute the estate in accordance with the terms of the will and the Florida Probate Code as expeditiously and efficiently as is consistent with the best interests of the estate. Florida law also gives personal representatives significant authority over estate property, subject to the will, the Probate Code, and applicable court supervision.

Probate can therefore involve several interconnected questions:

• Did the decedent leave a valid will?
• Which assets are actually probate assets?
• Which assets transfer outside probate?
• Who should serve as personal representative?
• Are there creditors or outstanding debts?
• Does the estate include Florida homestead property?
• Who are the beneficiaries or heirs?
• Is formal administration necessary?
• Does the estate qualify for summary administration?
• Are there disputes concerning the will, property, beneficiaries, or administration?

Answering these questions at the beginning can prevent a family from approaching the estate under incorrect assumptions.

Is Probate Always Required in Florida?

No. A person’s death does not automatically mean that every asset must pass through probate.

Whether probate is necessary depends largely on the property the person owned at death and how ownership or beneficiary rights were structured.

Some property may transfer outside probate because another person already has survivorship rights or because a beneficiary designation or other legal arrangement directs the property elsewhere at death. Other assets may remain titled solely in the decedent’s name without an effective mechanism for transferring ownership. Those assets may require probate administration before they can be transferred to the appropriate beneficiaries or heirs.

This makes the distinction between probate assets and non-probate assets one of the most important concepts for a family to understand after a death.

Does Having a Will Avoid Probate in Florida?

No. Having a will does not, by itself, eliminate the need for probate.

A Last Will and Testament in Florida provides instructions for the disposition of property governed by the will and can nominate the person the decedent wanted to serve as personal representative. But the will does not automatically retitle assets or transfer ownership during the person’s lifetime.

When probate assets remain in the decedent’s name at death, probate may still be necessary to administer and transfer those assets.

The existence of a will does, however, significantly affect the administration. An estate governed by a valid will is generally referred to as a testate estate. When property passes under Florida’s intestacy laws because it was not effectively disposed of by a valid will, the estate or relevant portion is intestate.

Florida law also establishes different priorities for appointment of a personal representative depending on whether an estate is testate or intestate. In a testate estate, the person nominated by the will generally receives the first statutory preference, subject to qualification and other applicable requirements.

What Happens If Someone Dies Without a Will in Florida?

Dying without a will does not mean that the deceased person’s property automatically goes to the State of Florida.

Instead, Florida’s intestate succession laws determine who is legally entitled to inherit probate property that is not effectively disposed of by a will.

Florida Statute §732.101 provides that any part of an estate not effectively disposed of by will passes to the decedent’s heirs according to Florida’s intestate succession laws.

Which relatives inherit can depend on the decedent’s family circumstances, including whether there is a surviving spouse, descendants, or other relatives. The result should not be assumed merely from who was closest to the decedent or who provided care near the end of the person’s life.

The probate process can still be necessary even though there is no will.

One important difference concerns the appointment of the personal representative. Because there is no will nominating someone to serve, Florida’s statutory priority rules become particularly important.

Where Is Probate Filed for a Broward County Resident?

For a person domiciled in Broward County at the time of death, the probate proceeding is generally filed in Broward County.

Florida Statute §733.101 provides that venue for probate of wills and granting letters is in the Florida county where the decedent was domiciled. If the decedent was not domiciled in Florida, different statutory rules apply, including rules based on the location of Florida property.

Probate matters in Broward County are handled within Florida’s Seventeenth Judicial Circuit, and the Broward County Clerk of Courts maintains probate filings and provides information concerning local probate procedures.

The Broward County Clerk identifies formal administration, summary administration, and disposition without administration among the probate procedures available under Florida law.

Local Broward County Probate Considerations

Probate is governed by statewide Florida law, but administering a Broward County estate also requires attention to the procedures used by the local court.

This is one reason a Broward County probate page should not simply be a generic explanation of Florida probate with “Broward County” inserted into the title.

The practical administration of a local estate can involve:

• filing with the Broward County Clerk of Courts;
• compliance with the Florida Probate Rules;
• compliance with the Florida Probate Code;
• procedures and requirements of the Seventeenth Judicial Circuit;
• local probate checklists and filing practices; and
• properly prepared petitions, notices, proposed orders, and supporting documents.

The Seventeenth Judicial Circuit publishes probate resources and local procedures for Broward County probate matters.

What Are the Different Types of Probate Administration in Florida?

Not every estate follows the same probate procedure.

Florida law provides two principal forms of probate administration:

1. Formal Administration
2. Summary Administration

Florida also provides a much narrower procedure known as Disposition Without Administration.

Understanding the differences is important because families sometimes assume that the size of the estate alone determines the procedure. Estate value matters, but it is not the only consideration.

What Is Formal Administration in Florida?

Formal administration is the traditional court-supervised probate proceeding and is identified by the Broward County Clerk as the most common type of probate filing.

It commonly involves appointment of a personal representative who administers the estate under Florida law and applicable court procedures.

Formal administration may involve:

• filing the petition and related documents;
• admitting the will to probate when applicable;
• appointing a personal representative;
• issuing Letters of Administration;
• identifying and safeguarding estate assets;
• preparing required inventories;
• addressing creditor procedures;
• dealing with claims against the estate;
• handling appropriate estate expenses;
• addressing real property and homestead issues;
• resolving tax or other administration issues when applicable;
• distributing remaining estate property; and
• petitioning to close the estate.

The precise steps depend upon the estate.

What Is Summary Administration in Florida?

Summary administration is an alternative form of probate administration available when an estate satisfies Florida’s statutory requirements.

Under Florida Statute §735.201, summary administration may generally be available when the value of the entire estate subject to administration in Florida, less property exempt from creditor claims, does not exceed $75,000, or when the decedent has been dead for more than two years, provided the other statutory requirements are satisfied.

The procedure can be simpler than formal administration, but “simpler” does not mean that every small estate automatically qualifies or that legal issues disappear.

Important questions may still include:

• Which property is included when applying the statutory test?
• Is property exempt from creditor claims?
• Are there outstanding debts?
• Is there Florida homestead?
• Who is entitled to receive the assets?
• Was there a will?
• Has the required time elapsed?
• Are all necessary parties properly included?

What Is Disposition Without Administration in Florida?

Florida recognizes a narrow procedure called Disposition Without Administration. Chapter 735, Part II of the Florida Probate Code addresses disposition of personal property without administration, and Florida Statute §735.301 establishes the circumstances under which qualifying property may be transferred without formal or summary administration.

This procedure is much more limited than a general “small estate” probate process.

Under §735.301, disposition without administration may be available when the decedent leaves only personal property that is exempt from creditor claims under applicable Florida law and nonexempt personal property whose value does not exceed the amount of qualifying funeral expenses and reasonable and necessary medical and hospital expenses associated with the decedent’s last illness during the statutory period.

Whether an estate qualifies therefore depends on the particular property and expenses involved.

Formal Administration vs. Summary Administration

What Does a Personal Representative Do in a Florida Probate?

In a formal administration, the personal representative is the court-appointed fiduciary responsible for administering the probate estate.

The role may involve far more than distributing inheritances.

Florida’s Probate Code contains an entire statutory framework governing the duties and powers of personal representatives. Those provisions address matters including inventories and accountings, possession of estate property, general powers, conflicts of interest, transactions involving estate property, sales of real property, compensation, potential liability, and other fiduciary responsibilities.

Depending on the estate, the personal representative may need to:

• identify and secure probate assets;
• obtain information concerning estate property;
• determine values;
• maintain appropriate records;
• address creditor procedures;
• pay authorized expenses and obligations;
• work with accountants, appraisers, real estate professionals, or other professionals when necessary;
• address issues involving estate real property;
• make appropriate distributions;
• provide required information or accountings; and
• complete the process required to close the estate.

Who Can Serve as a Personal Representative in Florida?

Florida law establishes qualifications and disqualifications for individuals who may serve as personal representative, as well as additional requirements for certain nonresidents.

Florida Statutes §§733.302 and 733.303 address the qualifications and disqualifications of individuals serving as personal representatives. An individual generally must be at least 18 years old and must not be mentally or physically unable to perform the duties of a personal representative. Florida law also disqualifies individuals based on specified circumstances, including certain felony convictions and other statutory grounds.

Florida Statute §733.304 separately addresses the ability of a person who is not domiciled in Florida to serve as personal representative. A nonresident may generally qualify when the person falls within one of the familial relationships to the decedent or the decedent’s spouse specified by the statute.

These restrictions can become particularly important when a Broward County resident names an out-of-state friend, adviser, or other nonrelative in a will.

What If More Than One Person Wants to Serve?

Disagreements over who should administer an estate can occur, particularly when there is no will or when the person nominated in a will cannot or will not serve.

Florida Statute §733.301 establishes preferences in appointment.

For a testate estate, the person nominated in the will generally has first preference, followed by the person selected by a majority in interest of the persons entitled to the estate and then a devisee under the will, subject to the statute.

For an intestate estate, the surviving spouse generally receives first preference, followed by the person selected by a majority in interest of the heirs and then the heir nearest in degree.

The court may need to resolve the issue when competing petitions or other appointment problems arise.

What Are Probate Assets in Florida?

Probate assets are generally assets that require probate administration to transfer ownership after the decedent’s death.

Whether an asset is a probate asset usually depends more on how the asset was owned and how it was designed to transfer at death than on the type of property involved.

Potential probate assets can include:

• bank accounts titled solely in the decedent’s name without an effective payable-on-death arrangement;
• investment accounts held solely in the decedent’s name without an effective transfer-on-death arrangement;
• individually owned real estate;
• certain interests in real property held as tenants in common;
• tangible personal property owned by the decedent;
• business interests owned individually by the decedent; and
• insurance, retirement, or other benefits payable to the decedent’s estate rather than directly to another beneficiary.

The facts governing each asset must be examined.

What Assets May Avoid Probate in Florida?

Several forms of property may potentially transfer outside probate.

Common examples can include:

• assets owned by a revocable living trust;
• certain jointly owned assets carrying rights of survivorship;
• qualifying accounts with payable-on-death beneficiaries;
• qualifying securities or accounts with transfer-on-death beneficiaries;
• life insurance payable to a named beneficiary rather than the estate; and
• retirement accounts with valid beneficiary designations.

The precise result depends on the governing documents, title, beneficiary designation, applicable law, and circumstances at death.

Revocable Living Trusts and Probate

A properly created and funded revocable living trust can be an important probate-avoidance tool.

The critical word is funded.

Creating a trust document does not automatically transfer every asset into the trust. Property that was intended for the trust but remained individually owned at death may still create a probate issue.

This creates an important relationship between the firm’s existing Revocable Living Trust resource and the Probate HUB.

Estate planning determines how ownership is structured before death.

Probate determines what must happen to property that remains subject to administration after death.

Beneficiary Designations and Probate

Beneficiary designations can also determine whether certain assets pass through probate.

This is why a beneficiary designation review can be an important part of a comprehensive estate plan. A will generally does not override a valid beneficiary designation merely because the will contains a different distribution plan.

What Happens to a House During Probate in Florida?

Real estate can be one of the most important and complicated assets in a Florida probate estate.

The first question is not necessarily whether the property should be sold.

The initial questions include:

• How was the property titled?
• Was there another owner with survivorship rights?
• Was the property the decedent’s homestead?
• Did the decedent leave a surviving spouse or descendants?
• What does the will provide?
• Was the property validly devised?
• Are there mortgages, liens, taxes, association obligations, or other expenses?
• Does the personal representative need authority involving the property?
• Who is ultimately entitled to the property?

Florida homestead law can significantly affect the analysis.

How Does Florida Homestead Affect Probate?

Florida homestead should not be treated as ordinary estate property without first determining whether constitutional and statutory homestead protections apply.

Florida law contains special rules governing the devise and descent of protected homestead. The result can depend on whether the decedent was survived by a spouse, descendants, or minor children and on how the property was devised.

Florida Statute §732.401 addresses descent of homestead when the property is not validly devised, while §732.4015 addresses restrictions on the devise of homestead.

The Florida Probate Code also treats protected homestead differently from other property for certain administration purposes.

What Happens to Debts When Someone Dies in Florida?

A person’s death does not necessarily cause valid debts to disappear, but beneficiaries also do not automatically become personally responsible for every debt simply because they inherit property.

Florida probate provides procedures for identifying and addressing creditor claims against an estate.

Chapter 733 of the Florida Probate Code contains detailed creditor provisions governing matters such as notice to creditors, filing of claims, objections, limitations periods, priority of expenses and obligations, and payment.

This is an area where deadlines can be particularly important.

Notice to Creditors

Florida probate law contains procedures through which a personal representative provides notice to creditors.

Depending on the circumstances, this can involve publication of a notice to creditors and direct service on creditors who are known or reasonably ascertainable.

Creditors must generally act within applicable statutory time periods.

The exact deadline applicable to a particular claim should be determined from Florida law and the circumstances of the estate rather than from a generalized statement that “creditors have X months.”

Are Family Members Responsible for a Deceased Person’s Debts?

Not merely because they are family members.

A surviving spouse, child, or beneficiary does not ordinarily become personally liable for a decedent’s individual debt simply because of the family relationship.

However, separate liability can exist for reasons unrelated to inheritance—for example, when another person was already a joint borrower, co-obligor, account holder with contractual liability, or otherwise personally responsible for the obligation.

Estate property may also remain subject to valid claims even though the beneficiaries themselves are not personally responsible for paying the debt from their own funds.

Can Estate Assets Be Distributed Before Probate Is Finished?

Sometimes interim distributions may be appropriate, but a personal representative should not distribute estate property merely because beneficiaries are asking for their inheritance.

Before final distribution, the estate may need to address:

• administration expenses;
• creditor claims;
• taxes when applicable;
• disputes;
• property expenses;
• required reserves;
• court requirements;
• accounting issues; and
• the rights of other beneficiaries or interested persons.

The personal representative is a fiduciary and must administer the estate consistently with Florida law and the interests of the estate.

How Are Creditors Paid in a Florida Probate?

Valid estate obligations are not necessarily paid in the order in which bills arrive.

Florida Statute §733.707 establishes classes and priorities for payment of expenses and obligations when estate assets are insufficient to pay everything in full.

The statutory priority structure includes categories such as costs and expenses of administration, certain funeral expenses, specified medical and hospital expenses associated with the decedent’s final illness, certain family allowances, and other classes of claims.

The exact classification of an expense or claim can affect whether and when it is paid.

How Long Does Probate Take in Florida?

There is no single probate timeline that applies to every Florida estate.

A relatively straightforward estate can move differently from an estate involving real estate, creditor claims, tax issues, difficulty locating beneficiaries, disputes, contested documents, complicated assets, or litigation.

The type of administration also matters.

Summary administration can be more streamlined than formal administration when the estate qualifies. Formal administration generally requires a series of procedural steps before the estate can be closed.

Factors affecting the timeline can include:

• whether the original will is available;
• whether the proposed personal representative is qualified;
• court processing and filing requirements;
• the nature and location of estate assets;
• creditor procedures;
• required notices;
• property sales;
• homestead issues;
• tax matters;
• disputes among interested persons;
• missing or difficult-to-locate beneficiaries;
• objections to claims;
• accountings; and
• completion of final distributions.

How Much Does Probate Cost in Florida?

Probate costs vary considerably depending on the type and complexity of the estate.

Potential costs can include:

• court filing fees;
• attorney’s fees;
• personal representative compensation;
• accounting fees;
• appraisal expenses;
• publication costs;
• certified copies and recording charges;
• property maintenance expenses;
• professional fees;
• tax-related expenses; and
• litigation costs when disputes arise.

Florida law contains statutory provisions addressing compensation for attorneys and personal representatives in probate matters. However, the actual cost of administering an estate should not be reduced to a single percentage or formula without considering the work required and the circumstances of the estate.

What Happens During the Florida Probate Process?

Although every estate is different, a formal administration commonly moves through several broad stages.

1. Determine Whether Probate Is Necessary

The family and attorney identify the decedent’s assets, ownership structure, beneficiary arrangements, debts, will, and other relevant circumstances.

The first objective is to determine whether probate is necessary and, if so, which form of administration is appropriate.

2. Locate and Deposit the Original Will

If the decedent left a will, locating the original document can be important to the probate proceeding.

Florida Statute §732.901 provides that the custodian of a will must deposit the will with the clerk of the court having venue of the decedent’s estate within 10 days after receiving information that the testator is dead.

Locating the original will promptly can therefore be important even when the family is not yet ready to begin a complete probate administration.

If the original will cannot be found, additional legal issues may arise concerning whether a lost or destroyed will can be established under Florida law.

3. Open the Probate Estate

The appropriate petition and supporting documents are filed with the probate court.

For a Broward County decedent whose estate is properly venued there, this generally means proceeding through the Broward County probate court.

4. Appoint the Personal Representative

In formal administration, the court appoints a qualified personal representative.

Once appointed and after satisfying applicable requirements, the personal representative may receive Letters of Administration, evidencing authority to act on behalf of the estate.

5. Identify and Protect Estate Assets

The personal representative determines what property belongs to the probate estate and takes appropriate steps to safeguard and administer that property.

6. Address Creditors

Required creditor procedures are completed, claims are evaluated, and valid estate obligations are addressed according to Florida law.

7. Address Property, Tax, and Administration Issues

Depending on the estate, this may include real estate, business interests, investments, tax filings, homestead determinations, sales, appraisals, or other administrative matters.

8. Determine Beneficiary Entitlements

The will and applicable Florida law are used to determine who is entitled to receive estate property.

For intestate property, Florida’s intestate succession statutes govern.

9. Distribute the Estate

After appropriate obligations have been addressed and the estate is ready for distribution, remaining assets can be transferred to the persons legally entitled to receive them.

10. Close the Estate

The personal representative completes the necessary final steps and seeks discharge when the administration has been completed.

What Is the Difference Between Testate and Intestate Probate?

A testate estate involves property governed by a valid will.

An intestate estate involves property that passes according to Florida’s intestate succession laws because it was not effectively disposed of by a valid will.

A person can also potentially have both testate and intestate property if a will does not effectively dispose of the entire probate estate.

The distinction can affect:

• who receives property;
• who has priority to serve as personal representative;
• how certain distributions are determined; and
• which legal questions arise during administration.

Who Inherits When Someone Dies Without a Will in Florida?

Florida does not use a simple rule that the surviving spouse always receives everything or that children automatically divide everything equally.

Florida Statutes §§732.102 and 732.103 establish the shares of surviving spouses and other heirs in intestate estates.

The result depends on the decedent’s family structure.

Important facts can include:

• whether the decedent was married;
• whether the decedent had descendants;
• whether all descendants were also descendants of the surviving spouse;
• whether the surviving spouse has descendants who are not descendants of the decedent; and
• whether parents, siblings, or more remote relatives become relevant.

Can Probate Be Avoided After Someone Has Already Died?

Once a person has died, the estate-planning opportunities that existed during the person’s lifetime are obviously limited.

The question becomes whether the assets that exist at death actually require probate and, if so, what procedure Florida law permits.

It may be possible to determine that:

• certain assets transfer outside probate;
• the estate qualifies for summary administration;
• limited property qualifies for disposition without administration; or
• formal administration is necessary.

What should not be done is to attempt to “avoid probate” by informally transferring property after death when legal authority is required.

What Are Common Mistakes Families Make During Florida Probate?

Probate problems do not always begin with complicated litigation. Sometimes they begin with reasonable-sounding assumptions that turn out to be legally incorrect.

Understanding these mistakes can help families avoid unnecessary complications.

Mistake 1: Assuming a Will Avoids Probate

A will does not automatically transfer probate assets outside the probate process.

Instead, the will generally provides instructions concerning probate property and may nominate a personal representative.

Mistake 2: Distributing Property Too Quickly

Family members may begin dividing personal property, withdrawing money, selling assets, or promising distributions before determining who has legal authority to act.

The desire to settle matters quickly is understandable, but speed should not replace proper administration.

Mistake 3: Paying Every Bill Immediately

A bill addressed to the decedent does not necessarily mean that a family member should immediately pay it from estate funds.

Florida law establishes creditor procedures and priorities that may affect how estate obligations should be handled.

Mistake 4: Assuming Every Asset Is a Probate Asset

Beneficiary designations, survivorship rights, trusts, and other ownership arrangements may cause some property to transfer outside probate.

An asset-by-asset review should come before conclusions about the size of the probate estate.

Mistake 5: Treating Homestead Like Ordinary Estate Property

Florida homestead can involve special constitutional and statutory protections.

Selling, distributing, or administering a homestead without understanding those protections can create significant problems.

Mistake 6: Assuming the Person Named in the Will Already Has Authority

Being nominated as personal representative and being appointed as personal representative are not the same thing.

Court appointment is generally required before the nominee has the authority associated with a personal representative in formal administration.

Mistake 7: Ignoring the Original Will

A photocopy may provide useful information, but the location and status of the original will can matter significantly in probate.

Florida law contains requirements governing the deposit of wills after death, and additional legal issues may arise when the original cannot be located.

Mistake 8: Assuming Family Agreement Eliminates Probate Requirements

A cooperative family can make administration easier, but unanimous agreement does not necessarily eliminate statutory procedures, creditor rights, court requirements, or legal restrictions.

Mistake 9: Waiting Too Long to Identify Estate Property

Real estate must be maintained. Insurance may need attention. Mail must be reviewed. Financial accounts and other assets must be identified.

Delay can create practical problems even when there is no immediate court deadline requiring a particular filing.

Mistake 10: Treating Probate as Only a Beneficiary Distribution Process

Probate is also an administration process.

Before beneficiaries receive property, there may be fiduciary duties, notices, creditor issues, expenses, tax matters, title issues, and other responsibilities that must be addressed.

Probate Myth vs. Fact

When Can Probate Become Complicated?

Many estates proceed without litigation, but certain circumstances can make administration more difficult.

Potential complications include:

• disputes over the validity of a will;
• multiple wills or conflicting estate-planning documents;
• inability to locate the original will;
• disputes over who should serve as personal representative;
• allegations that a personal representative breached fiduciary duties;
• disputes concerning ownership of property;
• contested creditor claims;
• Florida homestead issues;
• disagreement concerning distributions;
• beneficiaries who cannot be located;
• real property located in multiple states;
• business ownership interests;
• unusual or difficult-to-value assets;
• substantial tax issues;
• allegations of undue influence or lack of testamentary capacity; and
• disagreements involving accountings or estate expenses.

The existence of a disagreement does not necessarily mean that litigation is inevitable.

Some issues can be resolved through documentation, explanation, negotiation, agreement among interested persons, or appropriate court procedures.

Others require judicial determination.

What Is a Will Contest in Florida?

A will contest challenges the validity of a purported will or a provision of the will.

Potential issues can include whether the document was properly executed, whether the testator possessed the required testamentary capacity, whether undue influence affected the document, or whether another legal basis exists to challenge its validity.

A disagreement with what the will says is not, by itself, enough to invalidate it.

The validity of the will depends on Florida law and the evidence relevant to the particular challenge.

What Happens If the Original Will Cannot Be Found?

The inability to locate an original will can create a significant probate issue.

A copy should not automatically be treated as though it were the original.

Florida law provides procedures concerning lost or destroyed wills, and proving such a will may require evidence satisfying statutory requirements.

The circumstances surrounding the missing original can matter, including where it was last kept and whether evidence exists concerning its contents and execution.

What Happens When a Decedent Owned Property Outside Florida?

A Broward County probate can become more complicated when the decedent owned real property in another state.

A Florida probate court’s administration of the decedent’s Florida estate does not necessarily eliminate the need to address title to real property located elsewhere.

Another state’s laws and courts may become involved.

The reverse situation also occurs frequently in Florida: a person domiciled in another state dies owning Florida real estate.

That can lead to ancillary administration in Florida.

A future Ancillary Probate in Florida cluster can address this subject comprehensively.

Can a Personal Representative Sell Property During Probate?

A personal representative may have authority concerning estate property, but whether and how property may be sold depends on the nature of the property, the will, Florida law, the purpose of the sale, and any required court procedures.

Florida Statute §733.608 provides general powers of personal representatives, while other Probate Code provisions address transactions involving estate property.

Real estate requires particular care because protected homestead can be treated differently from ordinary estate property.

What Rights Do Beneficiaries Have During Probate?

Beneficiaries are not merely passive recipients waiting for the personal representative to finish.

Depending on their status and the circumstances, interested persons may have rights involving notice, information, accountings, objections, distributions, and court proceedings.

At the same time, a beneficiary generally does not obtain the personal representative’s authority merely because the beneficiary expects to inherit.

This distinction can help prevent conflict.

The personal representative administers the estate.

The beneficiaries have rights concerning the administration and their interests.

The probate court provides judicial supervision where required.

What Happens If a Personal Representative Is Not Doing the Job Properly?

A personal representative owes fiduciary duties in administering the estate.

Florida law provides remedies when a personal representative breaches those duties or otherwise creates grounds for removal or liability.

Depending on the circumstances, concerns might involve:

• failure to protect estate property;
• improper distributions;
• self-dealing;
• conflicts of interest;
• failure to account;
• unreasonable delay;
• misuse of estate funds;
• failure to comply with court orders; or
• other breaches of fiduciary responsibility.

Not every delay or disagreement establishes misconduct.

Probate administration takes time, and reasonable decisions can sometimes disappoint beneficiaries without constituting a breach of duty.

The facts should be evaluated before accusing a fiduciary of wrongdoing.

How Can a Broward County Probate Lawyer Help?

A probate attorney’s role depends on the estate and the type of proceeding.

For some families, the primary need is determining whether probate is necessary at all.

For others, the estate clearly requires formal administration and the immediate question is how to open the estate and obtain authority for the personal representative.

A Broward County probate lawyer may assist with matters such as:

• reviewing the will and estate-planning documents;
• identifying potential probate and non-probate assets;
• determining the appropriate probate procedure;
• preparing and filing probate petitions and supporting documents;
• assisting with appointment of the personal representative;
• advising the personal representative regarding fiduciary responsibilities;
• assisting with inventories and estate administration;
• addressing Florida creditor procedures;
• evaluating claims against the estate;
• addressing real estate and homestead issues;
• assisting with beneficiary and heir questions;
• handling issues involving intestate succession;
• preparing appropriate petitions and proposed orders;
• addressing distributions;
• assisting with closing the estate; and
• advising clients when disputes arise during administration.

Does Florida Require a Lawyer for Probate?

Whether attorney representation is required depends on the type of probate proceeding and circumstances.

Florida Probate Rule 5.030 generally requires every guardian and every personal representative, unless the personal representative remains the sole interested person, to be represented by an attorney admitted to practice in Florida. The rule contains exceptions and qualifications that should be reviewed in the context of the particular proceeding.

The Broward County Clerk likewise states that formal administration requires an attorney because of the complexity and court supervision involved.

Why Choose a Broward County Probate Attorney?

Florida probate law applies throughout the state, but probate administration also involves the court in which the estate is filed.

For a Broward County estate, familiarity with the local probate environment can be useful because the proceeding may involve:

• the Broward County Clerk of Courts;
• the Probate Division of the Seventeenth Judicial Circuit;
• local administrative procedures;
• required probate checklists;
• local filing practices; and
• court-specific requirements in addition to statewide Florida law.

The Seventeenth Judicial Circuit Probate Division publishes probate procedures, mandatory checklists, forms, affidavits, frequently asked questions, and other resources applicable to Broward County probate matters.

Probate and Estate Planning Are Two Sides of the Same Process

Estate planning and probate are closely connected, but they address different points in time.

Estate Planning Asks:

• What should happen to my property when I die?
• Who should make decisions if I cannot?
• Who should receive my assets?
• Can certain property transfer without probate?
• Who should administer my estate?

Probate Asks:

• What property did the person actually own at death?
• How was it titled?
• What does the will legally control?
• Which assets require administration?
• Who has authority to act?
• What debts and expenses must be addressed?
• Who is legally entitled to receive the remaining property?

This creates an important principle for the Joel Greenberg Law knowledge architecture:

Estate Planning → Incapacity Planning → Probate Administration

Planning during life establishes the legal structure.

Probate applies that structure, together with Florida law, after death when court-supervised administration is required.

How Can Estate Planning Reduce Future Probate Problems?

Good estate planning cannot guarantee that no dispute or administration issue will ever arise.

It can, however, reduce uncertainty.

Depending on a person’s goals and circumstances, planning may address:

• a valid Last Will and Testament;
• revocable living trust planning;
• beneficiary designations;
• appropriate ownership of assets;
• selection of fiduciaries;
• incapacity planning;
• coordination of estate-planning documents;
• planning for real property;
• business interests;
• family circumstances; and
• periodic review as circumstances change.

A common problem occurs when individual documents are created without considering how they interact.

A will may say one thing.

A beneficiary designation may say another.

An account title may produce a different result.

A trust may exist but never have been funded.

Effective estate planning considers the entire transfer system, not simply whether individual documents have been signed.

Probate Decision Guide: Where Should a Family Start?

When a Broward County resident dies, the family can begin by answering a sequence of questions.

Step 1 — Is There a Will?

Yes: Locate the original and determine what it provides.

No: Florida intestate succession law may govern probate property.

Step 2 — What Property Did the Decedent Own?

Create an initial inventory of:

• real estate;
• bank accounts;
• investments;
• retirement accounts;
• life insurance;
• business interests;
• vehicles;
• valuable personal property; and
• other significant assets.

Step 3 — How Was Each Asset Owned?

Determine whether each asset was:

• individually owned;
• jointly owned;
• subject to survivorship rights;
• owned by a trust;
• governed by a beneficiary designation; or
• otherwise subject to a transfer mechanism.

Step 4 — Which Assets Actually Require Probate?

Separate potential probate assets from property that may transfer outside probate.

Step 5 — Is Florida Homestead Involved?

If a residence may qualify as protected Florida homestead, identify that issue early.

Step 6 — What Debts and Expenses Exist?

Identify known creditors, final expenses, property expenses, taxes, and other potential estate obligations.

Step 7 — Which Probate Procedure Applies?

Evaluate:

• Formal Administration
• Summary Administration
• or, in limited circumstances, Disposition Without Administration

Step 8 — Who Has Authority to Act?

Do not assume that possession of the will or family agreement automatically gives someone authority over estate property.

Step 9 — Are There Potential Disputes?

Identify disagreements concerning:

• the will;
• personal representative;
• beneficiaries;
• creditors;
• ownership;
• homestead;
• distributions; or
• fiduciary conduct.

Step 10 — Develop the Administration Plan

Once the assets, liabilities, beneficiaries, governing documents, and appropriate probate procedure are understood, the estate can move forward through an organized administration process.

Probate Lawyer Broward County — Frequently Asked Questions

The following questions address common issues families, beneficiaries, heirs, and prospective personal representatives may face after a death in Broward County.

Talk With a Probate Lawyer in Broward County

The period after someone’s death can involve emotional decisions and legal responsibilities at the same time.

Families may know that a will exists but not know what to do with it. A person named as personal representative may not understand when legal authority begins. Beneficiaries may be waiting for distributions. Creditors may be sending bills. A house may need to be maintained or sold. Financial institutions may request court documents before releasing assets.

The appropriate response begins by understanding the estate.

Joel Greenberg Law can help clients evaluate the decedent’s assets, estate-planning documents, family circumstances, creditor issues, and other relevant facts to determine what Florida probate procedure may be appropriate.

For Broward County estates, that may mean formal administration, summary administration, or, in limited circumstances, disposition without administration.

When formal administration is necessary, legal representation can help the personal representative navigate the responsibilities that arise from appointment through final distribution and closing.

When summary administration may be available, the estate should still be evaluated carefully to determine whether the statutory requirements are satisfied and whether unresolved creditor, homestead, ownership, or beneficiary issues affect the proceeding.

And when a family is uncertain whether probate is necessary at all, identifying the probate and non-probate assets may answer that question before unnecessary proceedings are started.