How to Choose a Florida Probate Lawyer: Our Guide

How to Choose the Right Florida Probate Lawyer for Your Case

How to choose a Florida probate lawyer is an important consideration because choosing a Florida probate lawyer is a critical decision that can affect how quickly and efficiently an estate is resolved.

This guide explains how to choose a Florida probate lawyer, what to look for in a probate attorney FL, and how the right legal counsel helps avoid delays, disputes, and costly errors.

Choosing the right Florida probate lawyer is one of the most critical decisions you will make when navigating the legal aftermath of a loved one’s death. The probate process in Florida involves strict deadlines, complex statutes, and emotional weight.

Whether you are administering a will, facing probate litigation, or managing an estate dispute, the right probate lawyer in Florida makes the difference between a smooth settlement and a legal nightmare.

This comprehensive guide explains everything you need to know about how to choose a probate lawyer.

We will walk through the essential qualities to look for, questions to ask, and why —a firm dedicated to personalized attention from a founding partner—is uniquely equipped to assist.

What is a Florida Probate Lawyer?

A Florida probate lawyer is a licensed attorney who guides personal representatives (executors) and beneficiaries through the court-supervised process of identifying and distributing a deceased person’s assets.

Probate is the legal process of transferring the ownership of a person’s assets after they die. These proceedings take place in a specialized probate division of the Florida Circuit Courts.

What Does the Lawyer Actually Do?

A dedicated Florida probate attorney handles the necessary paperwork required by Florida courts, including petitions and inventories of assets. Lorenzo Law manages the following legal issues:

Probate Administration: Filing the Last Will and Testament and death certificate.
Letters of Administration Florida Timeline: Expediting the process to get the Personal Representative appointed.
Asset Management: Identifying probate assets (those owned solely by the deceased).
Creditor Resolution: Ensuring debts are properly paid off so the estate can be closed.
Litigation: Handling will contests, trust controversies, and breach of fiduciary duty Florida probate claims.
Emergency Temporary Guardianship Florida: Acting quickly when immediate protection is needed.

Do You Need a Lawyer for Every Estate in Florida?

Many people ask if they can handle probate matters alone to save on attorney fees. While technically possible in very limited situations, in Florida, nearly all personal representatives are legally required to be represented by a licensed attorney for formal administration

When You MUST Hire a Lawyer:

Formal Administration: The most common form of probate. The court requires a lawyer because the Personal Representative has a fiduciary duty to others.
Wrongful Death Claims: Florida probate attorneys assist with wrongful death settlements and the administration of estates related to such claims.
Disputes: If there is a risk of estate litigation or trust litigation, legal counsel is mandatory to protect your rights.

When You Might Not Need One (But Should Be Careful):

Disposition without Administration: For very small estates (reimbursement of funeral expenses).
Warning: Even in uncontested estates, relying on “free forms” can be dangerous. Florida law contains complexities related to homestead rights, elective shares, and life estates that generic forms often miss.

How a Strong Estate Plan Impacts Florida Probate

Many clients come to Lorenzo Law not just for help after a death, but to understand how a current estate plan will stand up in court.

As an experienced Florida probate lawyer, I often see how a well-crafted Will can transform a potential legal nightmare into one of many uncontested probate cases.

A comprehensive estate plan does more than just list assets; it provides a roadmap for probate administration that clarifies asset distribution and minimizes confusion among family members.

Whether you are a Personal Representative trying to interpret a Will or a beneficiary concerned about your rights, understanding the estate plan is critical.

At our law firm, we prioritize reviewing these documents to determine the most efficient path forward.

Proper planning and clear documentation can significantly reduce court fees, lower attorney fees, and speed up the timeline for senior citizens and heirs waiting on their inheritance.

If you are facing an estate with a vague, outdated, or missing plan, you need a probate lawyer in Florida who can aggressively defend your interests and ensure the court follows the true intent of the deceased.

Key Criteria: How Lorenzo Law Evaluates Your Case

When evaluating how to choose a probate lawyer, you should look for a results-oriented approach. At Lorenzo Law, we believe the best probate attorney in Florida for your case is one who offers direct access to the attorney, not just paralegals.

Our Professional Criteria for Representation:

Solo Practitioner Focus: Unlike a large firm where you may be passed to a junior associate, Lorenzo Law ensures personalized attention from the attorney you hired.
Local Experience: We practice in South Florida, including Fort Lauderdale and West Palm Beach
Specialization: We focus on probate law, estate planning, and trust administration.

Managing Probate Costs and Long-Term Security

Navigating the financial side of an estate is a complex process, and we understand that our clients navigate these waters during emotional times.

By combining legal experience with a deep understanding of the Florida court system, we help you minimize the impact of administrative expenses on your inheritance.

Understanding and Minimizing Probate Costs

The total probate costs for an estate can vary depending on the complexity of the assets and whether any disputes arise among heirs.

Beyond attorney fees, the florida probate process involves filing fees, publication costs, and potential appraisal fees.

We find that our extensive experience in the local courts is extremely helpful in identifying ways to streamline these filings and avoid the procedural errors that lead to unnecessary expenses.

The Intersection of Probate and Elder Law

Our firm recognizes that probate issues often overlap with elder law concerns. For many families, the florida probate process is the final step in a journey that began with long-term care or incapacity planning.

Our dedicated team provides more than just paperwork; we offer a legal experience that accounts for the unique needs of seniors.

Whether we are assisting with a guardianship or settling a decedent’s estate, we focus on providing personalized advocacy that respects the legacy of the individual.

Strategic Asset Protection for Heirs

Effective asset protection doesn’t end when a person passes away; it continues through the distribution of the estate.

Unlike many firms that simply distribute checks, an experienced probate attorney looks for ways to protect an heir’s inheritance from potential creditors or future legal claims.

We help beneficiaries understand how to receive their assets in a way that maximizes asset protection, ensuring that the hard-earned wealth of a loved one remains within the family as intended.

The Cost of Probate: Fees and Expenses

Understanding probate costs and attorney fees is essential. A reputable lawyer should provide a clear, written engagement letter outlining all costs and services.

1. The Statutory Percentage (Florida Statutory Probate Fees Calculator)

In Florida, probate lawyers may charge up to 3% of the estate’s value for their services for ordinary services. This is set by Florida Statute 733.6171.

Note: This presumes the fee is reasonable for the responsibility assumed.

2. Hourly Billing

Hourly billing is another common fee structure used by Florida probate lawyers, especially for contested cases. This is often used in trust litigation or when the workload is unpredictable.

3. Flat Fees

Some Florida probate firms offer flat fees for uncontested cases, allowing clients to know the total cost upfront.

Additional Costs

Be aware of court costs, filing fees, and publication fees. At Lorenzo Law, we discuss these openly during your consultation.

Navigating Complex Probate Matters with a Florida Probate Lawyer

When a loved one passes away, the legal road ahead often depends on the specific assets involved and family dynamics. As a probate lawyer Florida residents trust, Lorenzo Law handles a wide variety of probate matters across the state.

While many assume probate is just paperwork, it often involves strategic legal decisions that impact asset distribution and tax liabilities.

Whether you need a simple estate plan review or aggressive representation in court, our law firm provides the dedicated legal counsel necessary to protect your family members and their inheritance.

Comprehensive Probate Administration Services

Probate administration is the core of our practice law. We guide Personal Representatives through every statutory requirement, from the initial filing to the final discharge.

For smaller estates (often under $75,000), we can frequently utilize summary administration, a faster process that avoids some of the more expensive court fees and delays associated with formal administration.

For larger estates, we ensure that proceeds efficiently, managing creditor claims and ensuring that senior citizens and beneficiaries receive their entitlement without unnecessary legal hurdles.

Our goal is to minimize stress while maximizing the value passed down to heirs.

Florida Probate Attorneys for Estate Litigation

Unfortunately, not every estate settles peacefully. When disputes arise, you need Florida probate attorneys who are skilled in estate litigation

Will contests, allegations of undue influence, and disputes over the validity of a trust are serious legal challenges that require an experienced Florida probate lawyer.

We vigorously represent clients in probate courts when a fiduciary has mismanaged assets or when the mental capacity of a decedent is in question.

Litigation can drain an estate if not handled correctly; we focus on resolving these disputes to protect your legal needs and the decedent’s true intent.

Understanding Attorney Fees and Practice Areas

Transparency regarding attorney fees is a hallmark of our law firm

Unlike generalists, our practice areas are laser-focused on probate, guardianship, and estate law.

This specialization allows us to offer clear, value-driven representation.

We understand that can seem expensive, which is why we offer different fee structures depending on whether the case involves routine probate administration or complex estate litigation.

We help you understand exactly where your money goes, from court fees to administrative costs, ensuring there are no surprises as we work to settle the estate.

How to Choose a Florida Probate Lawyer

Knowing how to choose a Florida probate lawyer involves more than just a quick online search; it requires finding a partner who truly understands your specific legal needs.

An experienced Florida probate lawyer will be transparent about potential court fees and help you determine if your case qualifies for summary administration—a faster option that can save significant stress for family members

When evaluating a , prioritize those with a dedicated practice law focus on estate administration rather than a generalist approach.

This specialization ensures they can effectively manage critical tasks like asset distribution, tax compliance, and protecting senior citizens from financial exploitation.

Ultimately, the goal is to find a probate lawyer Florida families can trust to navigate the complexities of the court system.

Whether you are facing a simple estate or complex litigation, choosing a professional who combines local expertise with a clear communication style is essential to ensuring the estate is settled correctly.

This approach helps ensure you retain experienced guidance, strategic advocacy, and dependable support throughout every stage of the process with a Florida Probate lawyer.

Step-by-Step: The Process of Choosing

If you are looking for Florida estate attorneys or a probate lawyer Florida, follow this checklist to ensure you find the right fit.

Step 1: Verify the Focus of the Law Practice

Look for law offices that specifically list probate administration and elder law as primary practice areas. Many Florida probate lawyers have backgrounds in estate planning, which aids in handling probate cases effectively

Step 2: Check Local Court Knowledge

Probate proceedings take place in a specialized probate division. A lawyer familiar with the judges and clerks in Broward County or Palm Beach County can navigate procedural hurdles faster.

Step 3: Schedule a Consultation

Many Florida probate attorneys offer free consultations to discuss potential probate issues. Use this time to ask:

“Will you handle my case personally?”
“Do you have experience with contest wills or undue influence?”.
“What is your estimated timeline for court approval of the final accounting?”.

Navigating the Florida Probate Landscape

Understanding the logistics of your case is just as important as choosing the right firm. At Lorenzo Law, we prioritize transparency regarding court timelines and cost structures to ensure you aren’t left in the dark.

Getting Started: The First 30 Days

One of the most frequent questions we receive is, “how long to get letters of administration in Florida?”

In most Florida circuits, including Broward and Palm Beach, you can generally expect the court to issue these letters within 2 to 4 weeks after the initial petition is filed, provided the paperwork is error-free.

As a dedicated probate lawyer Florida free consultation provider, I use this initial meeting to map out your specific timeline so you can begin managing estate assets as quickly as possible.

Fee Transparency: Predictable Legal Costs

Cost is often the biggest concern for families. When comparing a Florida probate lawyer flat fee vs percentage model, it is important to know that:

Percentage Fees: Florida Statute 733.6171 suggests a 3% fee is “presumed reasonable” for many estates, which scales with the value of the assets.
Flat Fees: At Lorenzo Law, we often utilize flat-fee arrangements for uncontested summary administrations, providing you with budget certainty.

Strategic Advocacy in Contested Cases

If heirs or creditors begin to clash, your priority shifts to moving a Florida probate case forward during disputes. Litigation doesn’t have to mean years of gridlock.

We utilize aggressive mediation and precise court filings to resolve Will contests and fiduciary breaches, ensuring the estate reaches a final distribution without unnecessary delays.

Common Myths vs. Legal Reality

Myth: “I can handle the entire probate process myself to save money.”

While it may seem cost-effective, the majority of executors for estates in Florida are required to engage a probate lawyer to navigate the legal process for formal administration. Additionally, Florida law contains complexities related to homestead rights, elective shares, and life estates within probate cases that forms alone cannot address.

Myth: “All probate lawyers charge a high percentage of the estate’s value.”

This is a common misconception. Attorneys in Florida typically bill via hourly rates, flat fees, or as a percentage of the estate’s value. In many instances, probate lawyers in Florida may charge for their services based on the actual tasks involved in each case rather than the estate’s overall value, offering a more transparent fee structure.

Myth: “It costs too much just to speak with a lawyer about my case.”

You do not need to pay upfront just to ask questions. Many Florida probate attorneys offer free consultations to discuss potential probate issues and legal representation, as well as to discuss potential costs and services before you hire them.

Myth: “Any attorney can handle a will contest or dispute.”

Disputes require specialized skills. Florida probate attorneys often represent clients in both prosecuting and defending estate-related disputes, such as will contests. When choosing a Florida probate lawyer, focus on their specialized experience with similar cases and check for board certification in Wills, Trusts & Estates to ensure they can handle high-stakes litigation.

Myth: “Probate is a quick process that finishes in a few weeks.”

The timeline is rarely that short. Probate can take 6–12 months or longer, requiring lawyers to be responsive and communicative throughout the duration. During this time, Florida probate attorneys can help with tasks such as validating a will, managing debts and taxes, and distributing property to keep the process moving.

Myth: “Local knowledge doesn’t matter as long as the lawyer is licensed.”

Every court is different. When choosing a Florida probate lawyer, focus on… local court knowledge in addition to their legal skills. You should verify that the lawyer is licensed and in good standing with the Florida Bar, but also ensure they have specific knowledge of Florida probate laws and the ability to advise on tax compliance and creditor claims within your specific county.

Specialized Services at Lorenzo Law

Lorenzo Law provides comprehensive representation for various probate needs, including:

1. Representing the Personal Representative

The majority of executors for estates in Florida are required to engage a probate lawyer. We ensure you meet all fiduciary duties and avoid personal liability.

2. Probate & Trust Litigation

Probate and trust litigation often involves disputes over the interpretation and enforceability of legal documents. We represent clients in prosecuting and defending will contests, claims of undue influence, and lack of testamentary capacity

3. Ancillary Probate (Out-of-State Clients)

In Florida, probate procedures are required… when the deceased individual was not a Florida resident but owned assets situated in Florida. If your loved one lived in New York but owned a condo in South Florida, we handle the “Ancillary Probate” so you don’t have to travel.

Frequently Asked Questions (FAQ)

Q: Who inherits if there is no will? A: If a person did not have a will, their spouse and/or closest relatives will be entitled to their property under Florida’s intestate succession laws.

Q: Can conflicts be resolved without a trial? A: Yes. Conflicts in a probate case can be mediated by the attorney representing the estate to save time and money.

Q: How do I remove a Personal Representative? A: If you suspect a breach of fiduciary duty, a probate attorney fl can file a petition for removal. This is a serious legal matter requiring evidence.

Q: Does a Will allow my family to avoid the Florida probate process? A: No. In Florida, a valid will does not avoid probate; instead, it serves as a roadmap for the court. The florida probate process is required to admit the Will and grant the experienced probate attorney or Personal Representative the legal authority (Letters of Administration) to access bank accounts or sell real estate. To truly avoid court, many families look into asset protection strategies like creating a revocable living trust.

Q: Can I handle probate if I live outside of Florida? A: Yes. Under Florida’s current court rules for uncontested formal administration, the Personal Representative is rarely required to appear in court in person. Our dedicated team utilizes electronic filing and remote hearings, making it possible for out-of-state executors to fulfill their duties without frequent travel to Florida.

Q: What is the difference between a flat fee and a percentage-based probate fee? A: Probate costs in Florida can be structured in several ways. A percentage-based fee is often set by Florida Statute at 3% for the first $1 million of the estate. However, for many uncontested cases or Summary Administration, Lorenzo Law provides personalized flat-fee structures. This offers families cost certainty, ensuring you understand the total investment before the complex process begins.

Q: Why do I need a local Florida probate lawyer instead of a general attorney? A: Probate law in Florida is highly specific, particularly regarding homestead property and spousal elective shares. A local experienced probate attorney has a deep understanding of the specific requirements in Broward, Miami-Dade, or Palm Beach County courts. Because local rules can vary depending on the judge, having a lawyer familiar with the local bench is extremely helpful in moving your case forward without procedural delays.

Q: What triggers probate or trust litigation? A: Trust and estate litigation often arises from complex family dynamics, such as second marriages or disputes between siblings and caregivers. If there are questions regarding the validity of a document or the actions of a trustee, litigation may be necessary to protect the beneficiaries. Our legal experience allows us to aggressively defend your interests in court when the decedent’s true intent is being challenged.

Florida Probate Strategy: Answers for Families & Personal Representatives

Navigating the florida probate process requires more than just filling out forms; it requires a deep understanding of shifting court timelines and statutory requirements.

Below, we address the critical questions our clients navigate when managing a loved one’s legacy.

Timeline: How long to get letters of administration in Florida?

In most Florida probate courts issue Letters of Administration within one to four weeks of filing a petition.

However, the total time for formal administration typically spans 6 to 12 months due to the mandatory 90-day creditor period. If the estate qualifies for Summary Administration, the process is significantly faster, often concluding in just 2 to 3 months.

Requirements: Do I need a lawyer for probate in Florida?

Yes. Under Florida Probate Rule 5.030, nearly every Personal Representative is legally required to be represented by an experienced probate attorney.

This is because the executor owes a fiduciary duty to both beneficiaries and creditors. Attempting to manage a complex process like formal administration without counsel can lead to personal liability for the executor.

Fees: What are the statutory probate fees in Florida 2026?

According to Florida Statute 733.6171, probate costs for legal services are presumed reasonable if they follow a sliding scale, starting at 3% for the first $1 million of the estate’s value. At Lorenzo Law, we provide personalized transparency, often offering flat-fee structures for uncontested cases to ensure our clients have total cost certainty.

Asset Management: How does a bank account with no beneficiary go through probate?

When bank accounts lack a designated beneficiary or “Payable on Death” (POD) instruction, they become part of the probate estate.

These funds are frozen by the financial institution until the court appoints a Personal Representative. An experienced probate attorney must then petition the court to include these funds in the estate’s inventory for eventual distribution.

Complex Disputes: How to remove a personal representative in Florida?

If a family suspects mismanagement, guardianship litigation or probate removal proceedings may be necessary.

To remove a personal representative in Florida, an interested party must file a petition proving statutory grounds, such as a felony conviction, conflict of interest, or “wasting” estate assets.

Because this is an adversarial complex process, it requires a firm with extensive experience in trust and estate litigation.

Special Situations: Out-of-State Executors & Intestacy

Can out of state executors handle Florida probate? Absolutely. Florida law allows non-residents to serve as Personal Representatives if they are a blood relative or a close family member (spouse, sibling, parent, etc.).
What happens if someone dies without a will in Florida? The estate is governed by “intestate succession,” meaning the law decides who inherits. Typically, assets go to the surviving spouse and children, but the distribution rules vary depending on the family structure.
How to handle creditors during Florida probate? We manage the notification process by publishing a “Notice to Creditors” and directly mailing known claimants. Creditors have 90 days to file a claim; after this, we evaluate each claim for validity and file objections where necessary to protect the estate’s value.

Proactive Planning: How to avoid probate for a Florida home?

While a valid will is essential, it does not avoid the court. To bypass the florida probate process for real estate, we often recommend asset protection tools such as a “Lady Bird Deed” (Enhanced Life Estate Deed) or a Revocable Living Trust.

These methods ensure a seamless transfer of your Florida home without the delays and probate costs of the court system.

Final Thoughts: Protecting Your Family’s Interests

Choosing a Florida probate lawyer is about more than just attorney fees; it is about finding a partner who will protect your family’s interests and the decedent’s estate

When choosing a Florida probate lawyer, focus on their specialized experience, clear communication, and transparent fee structures.

Lorenzo Law offers the extensive experience, combined experience of a focused legal practice with the agility of a solo firm.

Contact a Florida Probate Lawyer and Law Firm Today

Understanding how to choose a Florida probate lawyer is essential when you want experienced, responsive, and strategic guidance during the probate process.

Don’t face the loss of a loved one with a distant, impersonal practice. As a dedicated Florida probate attorney, I provide the personalized attention and a results-oriented approach you need for efficient probate administration and aggressive estate litigation. As a probate lawyer Florida families trust, I protect your rights in probate courts statewide.

Serving Clients Across Florida

My law firm represents clients in Florida probate law matters throughout the state, including:

Broward County: Fort Lauderdale, Coral Springs, Hollywood, Pompano Beach, Plantation.
Miami-Dade & Palm Beach: Miami, West Palm Beach, Boca Raton, Jupiter.
Lee & Collier Counties: Fort Myers, Cape Coral, Naples.

Schedule Your Free Consultation

Do not navigate decedent’s estates alone. If you need the best probate attorney in Florida for your specific legal issues, contact Lorenzo Law today. We offer free consultations to explain attorney fees and outline your options.

Contact us online to speak directly with an experienced Florida probate lawyer.