What Is Probate in Florida?
Probate is the legal process through which a deceased person’s debts are paid, and their remaining assets are distributed to beneficiaries. In Florida, probate is administered through the circuit court in the county where the deceased resided. The Florida Probate Code, found in Chapters 731 through 735 of the Florida Statutes, governs this process.
Florida recognizes two primary forms of probate administration:
Our probate attorney in Broward County evaluates each estate to determine which process applies and guides personal representatives and beneficiaries through every required step.
Formal administration
Formal administration is the standard probate process, required when the estate’s non-exempt assets exceed $75,000 or when the decedent has been deceased for fewer than two years. It involves court supervision, creditor notification periods, and judicial approval of final distributions. This process typically takes six months to a year or longer, depending on estate complexity and whether disputes arise.
Summary administration
Summary administration is a simplified process available for smaller estates (those with non-exempt assets under $75,000) or when the decedent has been deceased for more than two years. It involves fewer court filings and can often be completed in a matter of weeks.
Our probate attorney in Broward County evaluates each estate to determine which process applies and guides personal representatives and beneficiaries through every required step.
Broward County Probate Court
Probate matters in Broward County are handled by the Seventeenth Judicial Circuit Court located in Fort Lauderdale. Familiarity with local court procedures, filing requirements, and judicial expectations is an important practical advantage. Whether you are located in Davie, Fort Lauderdale, Hollywood, or elsewhere in Broward County, our probate lawyer at Peace of Mind Broward serves Davie, FL residents and families throughout the surrounding area and understands how to move cases forward effectively within this specific court system.
The Role of the Personal Representative
Florida courts appoint a personal representative (known in other states as an executor) to manage the probate estate. This individual is responsible for gathering and inventorying assets, notifying creditors, paying valid debts and taxes, filing required court documents, and ultimately distributing assets to beneficiaries.
Florida law requires that most personal representatives be represented by a licensed Florida attorney during formal administration. This requirement exists because the fiduciary duties involved are significant and the procedural requirements are strict. Errors in the probate process can expose personal representatives to personal liability.
Our Broward County probate lawyer works closely with personal representatives to ensure they fulfill their duties correctly and efficiently, from initial court filings through the issuance of the court’s order of discharge.
Probate Litigation and Will Contests
Not all probate proceedings are straightforward. Disputes can arise over the validity of a will, the conduct of a personal representative, the interpretation of ambiguous terms, or the rights of omitted heirs. Florida law provides mechanisms for addressing these disputes within the probate proceeding.
common grounds for will contests in Florida include:
- Lack of testamentary capacity
- Undue influence
- Fraud
- Improper execution
Interested parties generally have a limited window to raise these objections, making prompt legal guidance important when concerns arise. We represent both estates and individual parties in probate disputes, advocating for outcomes that reflect the decedent’s true intentions and protect our clients’ legal rights.
Estate Planning Options for Avoiding Probate
Many families find probate to be a time-consuming and public process. Florida offers several estate planning tools to transfer assets outside of probate entirely, including revocable living trusts, joint ownership with right of survivorship, payable-on-death designations, and beneficiary designations on retirement accounts and life insurance.
Properly coordinated estate planning can significantly reduce or eliminate the assets subject to probate. For families who have already lost a loved one without such planning in place, our probate attorney helps them navigate the process as efficiently as possible.
Why Trust Our Probate Representation?
Florida maintains comprehensive regulations governing funeral home operations through the Florida Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services. These regulations establish licensing requirements, facility standards, record-keeping obligations, and consumer protection rules.
Attorney Madeleine Mannello brings focused estate and probate experience to every client matter. She holds a Martindale-Hubbell AV Preeminent Rating, has been recognized as a “Leader in the Law” by the Florida Association of Women Lawyers, and currently serves on the Board of Directors of the Broward County Bar Association. Her practice is built on personalized attention, local court knowledge, and a commitment to guiding Broward County families through difficult legal processes with clarity and care.
Frequently Asked Questions
Formal administration typically takes between six months and one year for straightforward estates, though contested matters or complex assets can extend the timeline significantly. Summary administration can often be completed within a few weeks if the court’s requirements are satisfied promptly.
No. Assets with designated beneficiaries, jointly held property with survivorship rights, and assets held in trust generally transfer outside of probate. Only assets titled solely in the decedent’s name without a beneficiary designation are typically subject to probate administration.
Florida law restricts who may serve as personal representative in most cases, and non-Florida residents may only serve if they are a legally recognized relative of the decedent. An out-of-state personal representative who does not qualify under Florida law cannot be appointed, even if named in the will.
When a person dies intestate (without a valid will), Florida’s intestacy statutes in Chapter 732 determine who inherits the estate. The order of priority generally favors a surviving spouse, then descendants, then other relatives, which may not reflect what the decedent would have chosen.
Work With Our Broward County Probate Lawyer
Probate involves strict deadlines, court filings, creditor obligations, and fiduciary responsibilities. Attempting to navigate it without legal representation risks delays, personal liability, and costly errors. At Peace of Mind Broward, our probate attorney provides the legal authority and personal attention your family needs during this difficult time.
Contact Peace of Mind Broward today to schedule a consultation and get clear answers about your probate matter.