CALL US NOW: (305) 224-6811
Lorenzo Law
  • Home
  • Practice Areas
    • Probate Attorney
    • Probate Litigation Lawyer
    • Will Contest Attorney
    • Estate Litigation Attorney
    • Estate Planning Attorney
    • Trust Litigation Attorney
    • Guardianship Attorney
    • Guardianship Litigation Attorney
    • Wrongful Death Claims
    • Partition Actions
  • Service Areas
  • The Firm
  • About
  • Florida Probate & Estate Blog
    • Probate
    • Deeds & Property
    • Estate Planning
    • Trusts
    • Estate Disputes
    • Guardianship
  • Contact Us
  • Florida Probate FAQ
  • FREE CONSULTATION
  • ☎ (305) 224-6811
  • Search
  • Menu Menu
palm beach county probate lawyer

LORENZO LAW · PALM BEACH COUNTY PROBATE

Palm Beach County Probate Attorney

Probate lawyer for West Palm Beach, Boca Raton and estates across the county: flat fees, local procedure and probate disputes

For a Palm Beach County probate attorney, the work starts with knowing the county. It runs along the Atlantic from Tequesta and Jupiter in the north to Boca Raton at the Broward line, and reaches west past Wellington’s horse farms to the farm towns on Lake Okeechobee. Its estates look like the county: an oceanfront condominium on A1A in Highland Beach or on Singer Island, a house in a Boca Raton club community, a historic home off Flagler Drive in West Palm Beach, a farm in Wellington, family land in Belle Glade held for generations. Many owners split the year between Palm Beach and New York, New Jersey or Canada.

When one of them dies, the paperwork does not wait for the grief to settle. The bank freezes the account that was in Mom’s name alone. The condominium association asks who will pay this month’s assessment. A son in Connecticut wants to know who is in charge, and the original will is still in a desk drawer in Jupiter. That is usually the moment someone in the family says, “I need a probate lawyer,” and starts looking for one who knows this county.

Jose M. Lorenzo, Jr. is a Palm Beach County probate attorney who handles summary, formal and ancillary administration for estates filed in the Fifteenth Judicial Circuit. He works with families in West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Palm Beach Gardens, Wellington and the rest of the county, whether the family lives here or elsewhere. As a probate lawyer in Palm Beach County, he reviews what the person owned, the will and your role, then identifies the procedure and the court that fit. Disputed matters are evaluated under a separately agreed scope. Consultations are available in English and Spanish.

Jose M. Lorenzo, Jr., Florida Bar No. 107002 · Lorenzo Law’s only attorney

Request a free initial consultation · Call (305) 224-6811

Your situationWhat Jose handlesCostProbate routesPalm Beach courtStep by stepHow longProperty issuesOut-of-state ownersLarger estatesFamily protectionsProbate litigationDo you need a lawyer?MistakesMythsChoosing a lawyerAcross the countyWorking with JoseYour consultationQuestionsContact

Lorenzo Law is a solo practice. The lawyer you consult is the lawyer who handles the estate, from the first call to the final order, with no handoff to an associate. Whether you are looking for a West Palm Beach probate attorney, a Boca Raton probate lawyer, or an estate attorney Palm Beach County families can reach by phone, the first step is the same: a short conversation about who died, where the person lived and what they owned.

The first consultation is free. After that, summary administration starts at $3,975 and uncontested formal administration starts at $7,975, with the costs of the procedure included. The fee is quoted and agreed in writing before work begins (see “How much does a Palm Beach County probate attorney cost?”). Jose aims to complete summary administrations within one to two months from retention. This is a goal, not a guaranteed completion date; documents, notice requirements, creditor issues and court review can affect timing.

Palm Beach County probate at a glance

Question Short answer
Who handles the case? Jose M. Lorenzo, Jr., Florida Bar No. 107002, personally handles the matters Lorenzo Law accepts. Lorenzo Law is a solo practice. He is a Florida probate administration attorney; West Palm Beach, Boca Raton and other county estates are handled the same way. Litigation requires a separate assessment of conflicts, scope and engagement terms.
Where is a Palm Beach County estate filed? When the person was domiciled in the county: in the Probate Division of the Fifteenth Judicial Circuit, which hears probate matters at the Main Courthouse in West Palm Beach, the South County Courthouse in Delray Beach and the North County Courthouse in Palm Beach Gardens.
Which probate routes exist? Summary administration (Florida estate subject to administration, less exempt property, of $150,000 or less, or death more than two years ago, if any will does not direct formal administration), formal administration, and ancillary administration for a nonresident’s Florida property.
What does Lorenzo Law charge? Flat fees, costs of the procedure included: summary administration from $3,975; uncontested formal administration from $7,975; ancillary quoted per matter.
What does the Clerk charge? $401 to open a formal or ancillary administration; $346 for summary administration of an estate of $1,000 or more (checked September 30, 2026).
How long does it take? Jose aims to complete summary administrations within one to two months from retention; this is a goal, not a guarantee. Many uncontested formal administrations in his practice take roughly six months to a year.
First deadline to know Whoever holds the original will must deposit it with the Clerk within 10 days after learning of the death.
Do I have to come to Palm Beach County? Not necessarily. An heir in another state who searches for a “probate attorney West Palm Beach FL” can get the same guidance by phone that local families get in person. Consultations can be by phone, and much of the preparation can be coordinated remotely. Hearings and original documents depend on the case and the assigned division.
Languages English and Spanish.
First step A free consultation about who died, where the person lived, what they owned and your role.

What help do you need with a Palm Beach County estate?

Start with your role and the property, not with the name of a procedure. The next step depends on where the person was domiciled, how each asset is titled, whether there is a will, and whether a court case is already open. You do not need to choose between summary and formal administration before calling, or to know yet whether you need a probate estate lawyer or a litigator.

Your situation What Jose reviews first
A bank will not release an account The account title, any beneficiary designation, the bank’s written request and the balance at death. An order of summary administration (Florida courts enter it in a summary case) and letters of administration do different jobs.
A Boca Raton, Jupiter or West Palm Beach home must be transferred or sold The deed, possible homestead status, the surviving family, the mortgage, association records and any contract or title-company requirement. Mention a closing date at the first contact.
A condominium keeps sending assessment notices Who holds title now, whether the unit is protected homestead, the association’s statement and any special assessment.
You are named as executor (personal representative) in a will The original will, whether you qualify to serve, your priority, and whether court appointment is needed. You may be the executor of will; Florida courts call this person the personal representative, and a nomination does not by itself give you authority to act.
There is no will Family relationships, how each asset is titled, and who may seek appointment. Florida intestacy law then decides who inherits the probate property.
The person lived outside Florida but owned Palm Beach County property The Florida title records and any proceeding in the home state or country. Ancillary administration or another Florida procedure may fit.
The person split the year between Palm Beach and another state Addresses, voter and tax records, and any estate already opened elsewhere. Domicile decides where the main probate belongs.
You live outside Florida yourself Whether you can serve as personal representative from where you live, and how the case can move without repeated travel.
You are the only beneficiary Whether you are also the sole interested person, which is a different question, and which procedure fits.
You are a beneficiary of an estate already open The case number, notices, orders, your interest and the action you want reviewed.
Someone is taking property, or the will is disputed The documents, dates and evidence, for a separate dispute assessment. Jose also acts as a Palm Beach County probate litigation attorney under a separate engagement.

Three facts shape most first conversations: roughly what the property is worth (and whether a home or condominium is part of it), whether there is a will, and whether anyone besides you is entitled to share. The answers also tell Jose whether the home was the person’s primary residence or a seasonal property, which can change the whole analysis.

Representing a personal representative does not automatically include representing every beneficiary. Before accepting a matter, the firm identifies the client, checks for conflicts and defines the engagement. If your interests may conflict with the personal representative’s, say so at the outset.

What does a Palm Beach County probate lawyer handle?

A probate lawyer opens the right court proceeding, advises the personal representative through each statutory step, and helps protect the estate’s property until it reaches the people entitled to it. An estate administration lawyer does the same work under another name. Not all lawyers that handle probate take on every part of it: some file only uncontested cases, others only disputes.

People use many names for this lawyer. In the county seat, families often ask for an estate attorney; West Palm Beach banks and title companies simply want to know who represents the personal representative. Some search for a West Palm Beach estate lawyer, others for a Palm Beach County estate attorney.

In south county, the search is often for a Boca Raton estate attorney or an estate lawyer; Boca Raton condominium associations ask the same question. Families who simply want the estate wrapped up may look for estate settlement lawyers instead.

The name often depends on who sent you. A bank officer may tell you to find a probate court attorney, because the papers the bank needs come from the court. A financial adviser may suggest a wills and probate lawyer, since the same kind of lawyer who drafts a will can carry it through probate.

Some families use the older terms probate administration attorney or probate administration lawyer, and relatives abroad often ask for an inheritance lawyer or inheritance attorney. Whatever the lawyer is called, a Palm Beach County family should expect step-by-step guidance through this process.

Probate administration lawyers in Palm Beach County differ in how they scope this work. As probate counsel for estates here, Jose identifies the work the estate needs and what the engagement will cover, from the first petition to the order of discharge.

Stage Legal work to discuss What the family helps supply
Choosing the proceeding Probate assets, domicile, will provisions, beneficiaries and available procedures Death certificate, will, deeds, account information and family details
Opening the estate The petition and supporting papers; letters of administration when a personal representative is appointed Beneficiary names and addresses, nominee information and signatures
Palm Beach court submissions The applicable 15th Circuit checklist, responses to deficiencies, and proposed orders submitted through the court’s system Original documents and answers to missing-information requests
Administration Notices, inventory, creditor issues, protected property and proposed distributions Asset values, bills, transaction records and information about claims
Completing the proceeding Accounting or waivers, distribution and discharge, as the proceeding requires Receipts and remaining asset information
Ancillary administration Florida property of a person domiciled in another state or country, coordinated with the home proceeding Home-state or foreign appointment papers and the will
Probate litigation Will contests, fiduciary disputes, accountings and removal, assessed and engaged separately Notices, disputed documents and dates

The administration quote does not automatically cover a will contest, trust litigation, a separate guardianship, a disputed title proceeding, a tax return or every service needed to sell property. Ask which work is included and which needs a separate agreement or another professional. Work outside the agreed scope is quoted and agreed separately before it begins. An estate administration attorney should put that scope in writing. Many Palm Beach County estate attorneys also draft wills and trusts; at Lorenzo Law, planning has its own page and its own engagement.

For representation across Florida, see the Florida probate lawyer page. The sections below focus on the decisions and local requirements for an estate in this county.

How much does a Palm Beach County probate attorney cost?

Lorenzo Law handles summary administrations and uncontested formal administrations for a flat fee that includes the costs of the procedure, such as court filing fees. Every cost of the procedure, including newspaper publication of the notice to creditors and certified copies, is factored into the flat fee when Jose quotes it. A flat fee agreed in writing is what you pay for the work it covers. Palm Beach County probate attorney costs vary widely between firms and billing methods, so quotes are only comparable when you know what each one includes.

Flat-fee probate in Palm Beach County

Procedure Flat fee Included
Summary administration Starting at $3,975 The legal work the written agreement describes and all costs of the procedure: the court filing fee, publication of the notice to creditors and certified copies, factored into the quote
Uncontested formal administration Starting at $7,975 The legal work the written agreement describes and all costs of the procedure: the court filing fee, publication of the notice to creditors and certified copies, factored into the quote
Ancillary administration Quoted per matter The legal work the written agreement describes and all costs of the procedure, factored into the quote

What can raise a quote: the number of beneficiaries, the number and type of assets, real estate, creditor claims, or a disagreement. Jose reviews these factors with you and quotes the fee before the engagement begins. Once the fee is agreed in writing, no additional charges apply to the work the agreement describes.

What is outside a flat fee: work outside the agreed scope, such as defending a will contest, is quoted and agreed separately before it begins.

Whether you are comparing a low cost probate attorney or an affordable probate attorney, compare what each quote covers, not only the headline number.

A flat fee probate attorney quotes the whole procedure before starting, which is different from hourly billing. When you compare a Florida probate attorney flat fee from any firm or online service, ask two questions: exactly what the fee includes (court costs? publication of the notice to creditors? certified copies?), and what would make the matter “contested” or otherwise outside the quote. Searching for “uncontested probate near me”? An uncontested probate should have a clear written scope, wherever the lawyer is.

How much should a probate lawyer cost in Florida?

It depends on the billing method, the estate and what the quote includes. How much do lawyers charge to handle probate? Florida probate lawyers generally use one of three methods: hourly billing, the statutory schedule for formal administration, or a flat fee. Probate attorney fees (Florida lawyers use all three methods) are negotiable. What is the average cost for a probate attorney in Florida? There is no official figure, so any “average” mixes different estates and billing methods.

How much does probate cost in Palm Beach County overall? What is the average cost of probate in Florida? No official average is published. Add the lawyer’s fee, the Clerk’s filing fee, newspaper publication of the notice to creditors, certified copies and, in some estates, an appraisal or a bond. Florida probate lawyer fees are only part of the total, which is why Lorenzo Law’s flat fees include the costs of the procedure. Each of those costs is factored into the flat fee when it is quoted, so it is not billed again later. See the cost of probate in Florida for each item.

How much does summary administration cost in Florida? The cost of summary administration in Florida depends on the firm and on what its quote includes. At Lorenzo Law, summary administration starts at $3,975, costs included.

How does a flat fee compare with Florida’s statutory fee schedule?

What are typical attorney fees for probate in Florida? There is no single answer, but the law supplies a benchmark. The Florida probate attorney fees statute presumes a sliding-scale fee reasonable for ordinary services in a formal administration. It is a presumption, not a mandatory charge, a minimum or a cap, and it is not Lorenzo Law’s price list. §733.6171

Compensable estate value Presumed-reasonable fee for ordinary services
$40,000 or less $1,500
Over $40,000 through $70,000 Add $750
Over $70,000 through $100,000 Add another $750
Over $100,000 through $1 million Add 3% of the amount in this band
Over $1 million through $3 million Add 2.5% of the amount in this band
Over $3 million through $5 million Add 2% of the amount in this band
Over $5 million through $10 million Add 1.5% of the amount in this band
Over $10 million Add 1% of the amount above $10 million

For a $500,000 compensable estate, the schedule produces $15,000 for ordinary services: $3,000 for the first $100,000 and $12,000 for the next $400,000. That happens to equal 3% in this example, but 3% is not a universal rule, and the example is not a quote. The calculation uses the inventory value of the probate estate plus income earned during administration, not a family’s total wealth or property that passes outside probate. Extraordinary services, such as litigation or selling real property, can support additional reasonable compensation. A probate fee calculator, or a search for “Florida statute attorney fees probate,” simply leads back to this table; neither replaces a written quote.

Florida summary administration attorney fees are not governed by this table, because no personal representative is appointed.

What does the Palm Beach County Clerk charge to file probate?

The Palm Beach County probate fees charged by the Clerk, its filing fees, are $401 to open a formal or ancillary administration, $346 for summary administration of an estate of $1,000 or more, $236 for summary administration under $1,000, and $232 for disposition of personal property without administration. These are court charges, not total probate costs or a Lorenzo Law quote. Under Lorenzo Law’s flat fee, the costs of the procedure are included; do not add the same filing fee again when comparing totals.

Filing (Palm Beach County Clerk) Listed charge
Formal or ancillary administration $401
Summary administration, estate $1,000 or more $346
Summary administration, estate under $1,000 $236
Disposition of personal property without administration $232
Petition to admit a foreign will or authenticated copies to record $232
Caveat $41

Checked on the Clerk’s probate fee schedule, September 30, 2026. Other costs can include newspaper publication of the notice to creditors, certified copies, an appraisal or a bond, depending on the estate. In a Lorenzo Law flat fee, the costs the matter needs are factored into the quote.

Who pays probate attorney fees in Florida?

Attorney fees for estate administration, meaning reasonable fees of the personal representative’s lawyer, are generally an administration expense paid from estate assets, but that does not mean every lawyer or every dispute is paid by the estate. They are in the first-priority class of estate expenses. A beneficiary’s own lawyer is usually that beneficiary’s expense. In contested matters, the court can allocate fees and costs among the shares of the estate, and it can do so without finding bad faith (§733.106).

Do you have to pay a probate attorney up front?

It depends on the engagement. A flat-fee agreement states when payment is due. Whether estate funds are available at the start, who advances money, and whether reimbursement from the estate is appropriate should be settled in writing before anyone pays expenses personally. Administration expenses a person advances, such as filing or publication costs, can generally be reimbursed from the estate. A family member who paid funeral expenses can generally claim reimbursement from the estate as a priority claim, up to $6,000 (§733.707).

What if the estate has a house but no cash?

Raise it at the first conversation. A Palm Beach estate with a valuable home and little money in the bank is common enough that the payment plan should be settled before work starts. Nobody should assume the house can fund the first filing, especially if it may be protected homestead that passes outside the estate. The written agreement says when payment is due and who advances costs.

What does the personal representative receive?

Personal representative compensation is separate from attorney compensation (§733.617). A family member serving as personal representative can discuss whether to claim it or give it up.

How are probate litigation fees handled?

Probate litigation is engaged separately from an administration, and arrangements differ from one probate litigation law firm to the next. Contingency fees fit disputes, such as recovering an inheritance, not routine administration. In appropriate litigation matters, a contingency or hybrid arrangement may be considered, and a flat fee may fit a discrete task such as a caveat, an objection or a single petition. Any contingency or hybrid agreement is in writing and signed, and costs may still be owed even if there is no recovery. In a hybrid arrangement, the fixed or hourly portion remains payable under the agreement even if there is no recovery. Trust litigation is not handled on a flat fee. Ask any probate litigation lawyer, in West Palm Beach or elsewhere, to put the fee structure in writing before the dispute work starts.

Which probate route fits a Palm Beach County estate?

Florida’s Probate Code, chapters 731 to 735 of the Florida Statutes, sets the routes. The estate’s facts decide which one fits: the value of the Florida property that needs administration, how assets are titled, whether there is a will, and whether the person lived in Florida. Probate in Florida, Palm Beach County included, uses the same routes in every county. A smaller estate does not eliminate creditor, notice, homestead or title questions, and eligibility for a shorter procedure does not mean it will accomplish everything the estate needs.

When is probate needed in Florida?

Probate is generally needed for property that does not pass on its own at death: property in the person’s name alone, the person’s share of property held as tenants in common, and assets payable to the estate, when no beneficiary designation, survivorship right or funded trust transfers them. A valid beneficiary designation, survivorship ownership, a properly funded trust or an effective Lady Bird deed may let an asset pass outside probate. These must be checked asset by asset. A will by itself does not avoid probate; it directs the probate property.

What counts as probate property in Florida? Palm Beach County estates follow the statewide rule above, so the deed and account records matter more than an informal list of what the family expects to inherit.

An appointment may also be needed when someone must act for the estate in a lawsuit or manage estate property. Tell Jose about a pending claim, a business, rental property or a proposed sale before choosing a simplified procedure.

Summary administration or formal administration?

Summary probate: Florida law calls it summary administration, and it is the shorter route; formal administration is the full one.

Question Summary administration Formal administration
When it may fit The Florida estate subject to administration, less property exempt from creditors’ claims, does not exceed $150,000, or the person has been dead for more than two years. If there is a will, it must not direct administration under chapter 733. Estates that do not qualify for summary administration, or that need an appointed personal representative with authority to act.
Who acts No personal representative is appointed. The court enters an order of summary administration directing distribution to those entitled. The court appoints a qualified personal representative and issues letters of administration.
Inventory No separate inventory; the petition itself lists each asset and its estimated value. Required, generally within 60 days after letters.
What still needs attention Accurate asset descriptions, beneficiaries’ joinder or formal notice, a diligent search for creditors and provision for claims, and any homestead determination. Asset collection and inventory, notices, creditor claims, records, property issues, accounting, distribution and discharge.
Timing Jose aims to complete summary administrations within one to two months from retention, depending on documents, beneficiaries’ participation, creditors and court review. Many uncontested formal administrations in Jose’s practice take roughly six months to a year.
Show the probate routes graphic

Which probate route fits a Palm Beach County estate: summary administration, formal administration, ancillary administration and other Florida options, with Palm Beach County Clerk filing fees and Lorenzo Law's starting flat fees, all costs included

Open the full-size graphic

What qualifies for summary administration in Florida? The Florida summary administration requirements are in §735.201: value (the Florida estate subject to administration, less exempt property, of $150,000 or less) or time (death more than two years ago), and any will must not direct administration under chapter 733.

How does summary administration work in Florida? Florida summary administration probate is the same statewide procedure in every county: a petition, notice or joinder, a creditor search, and a court order directing distribution.

A Palm Beach County petition for summary administration is filed with the Palm Beach County summary administration checklist for a testate or intestate estate.

There is no single summary administration form or summary administration packet (Florida courts expect the petition to describe the actual assets, the beneficiaries and the provision for creditors). Beneficiaries often sign a joinder, waiver and consent so the court can act without formal notice to them. See summary administration in Florida for the full procedure.

Summary administration does not remove the duty to make a diligent search for creditors. Skipping that search does not automatically void the order, but the people who received the property become personally liable to a creditor who was left out, up to what each received, and can owe that creditor’s attorney fees. Formal administration (Florida Statutes, chapter 733) is the full, court-supervised route.

The $150,000 summary administration limit (effective July 1, 2026)

Chapter 2026-57, Laws of Florida, raised the summary administration limit from $75,000 to $150,000 effective July 1, 2026. The summary administration Florida statute, §735.201, now uses the new figure, but much of the guidance still published online, including several local law-firm pages, quotes the old $75,000.

The test is not the size of the whole estate. It measures the Florida estate subject to administration, less property exempt from creditors’ claims. This is the Florida summary administration homestead property question in practice. A Boca Raton example: a residence worth $900,000 that qualifies as protected homestead, plus a $130,000 sole-name bank account as the only other Florida probate asset, may satisfy the dollar test, because the value that counts may be $130,000 rather than $1,030,000. That answers the value test only; the will, creditors, beneficiaries and actual title still need review. A seasonal condominium should not simply be labeled homestead to reach the limit. See Florida homestead in probate.

Does the $150,000 limit apply if the person died before July 1, 2026?

The act does not say. Its effective-date section reads in full:

“Section 14. This act shall take effect July 1, 2026.”

It contains no clause stating whether the new limit applies to people who died before that date, and no Florida court has decided the question. Some firms and AI-generated answers state a date-of-death rule as if it were settled; it is not. If an earlier assessment used the old limit, bring the date of death, any existing orders and the asset records for a fresh review. Do not assume the answer for an older or pending estate.

Why not just wait two years?

Waiting is not a strategy. After two years, summary administration is available regardless of value if any will does not direct administration under chapter 733. But taxes, insurance, association assessments, maintenance and deterioration keep running while a family waits, and some creditor rights survive the two-year mark. The two-year rule helps an old, never-opened estate; it is rarely a reason to delay a new one.

Does Florida have a small estate affidavit?

Not a self-executing one for the whole estate, as many states have. The closest thing to a small estate affidavit is a sworn affidavit for small bank balances, described below. The other small-estate routes still need a court order, and none of them transfers real estate.

  • Disposition of personal property without administration (often searched as disposition without administration, Florida Statutes §735.301) covers specified exempt personal property, and limited nonexempt personal property measured against qualifying funeral and last-illness expenses. It is not a way to transfer real estate.
  • Intestate small estates (§735.304). When there is no will, the person died more than one year ago, and no administration is pending in Florida, this procedure can apply to nonexempt personal property worth no more than $20,000 plus preferred funeral expenses and reasonable medical and hospital expenses of the last 60 days of the final illness. The court acts on the application; creditor inquiry and notice requirements still apply.
  • Small bank accounts (§735.303). A Florida financial institution may pay up to $2,000 in total from sole-name accounts with no pay-on-death or survivor designation to a surviving spouse (or, if none, an adult child, then an adult descendant, then a parent). Payment can be made no sooner than six months after death, on a sworn affidavit and a death certificate, and only when no probate has been started and no will is known. The affiant takes on personal liability to creditors and others entitled to the funds.
  • Federal income tax refunds up to $5,000 can be paid to certain family members without administration (§735.302).

If you searched for a small estate affidavit, Florida offers only the options above. Assess them from the complete estate; a modest account balance alone does not establish eligibility. See Florida non-probate assets and when probate is not necessary.

Other 2026 changes that affect Palm Beach County estates

  • Small-estate thresholds rose. Ch. 2026-57 doubled the limits in several small-estate procedures (§§735.302–735.304).
  • Safe-deposit boxes. A personal representative, or the personal representative’s attorney, can pay the accumulated charges and end the lease on a decedent’s safe-deposit box, so it stops billing the estate (§§655.933, 655.936).
  • Enforcing authority. A personal representative who must go to court to enforce the authority the Probate Code gives them can recover costs and attorney fees if they prevail (§733.6125).
  • Florida Probate Rules. Amendments effective October 1, 2026 should be checked for any estate filed after that date.

When there is no will, or the original is missing

Who inherits when there is no will in Florida? Florida’s intestacy statutes decide, starting with the surviving spouse and descendants (§§732.102–732.103).

  • Spouse, and the person left no descendants (children, grandchildren and so on): the spouse generally takes the entire intestate estate.
  • Spouse, and every one of the person’s descendants is also the spouse’s descendant, and the spouse has no other descendants: the spouse generally takes the entire intestate estate.
  • Spouse, and the person’s descendants, where either the person or the spouse has descendants from another relationship: the spouse generally takes half, and the person’s descendants share the other half, with the children of a child who died first taking that child’s place.
  • No spouse: the descendants take everything; if there are none, the parents; then brothers and sisters and their descendants; then more distant relatives, in the order the statute sets.

When a spouse and descendants both survive, the home passes under its own rules instead of this list. Probate in Florida with a will follows the will’s instructions for the probate property. The probate process in Florida without a will: Palm Beach County estates follow the same court steps, and proving the family tree, sometimes with an affidavit of heirs, is usually the extra work. Probate in Florida without a will does not let the closest relative withdraw accounts or sign a deed.

What if the original will is lost, or there is only a copy? A copy is not automatically enough, but a lost will, or one that was destroyed, can still be proved in Florida. The content must generally be proved by two disinterested witnesses, or by one disinterested witness when a correct copy is available (§733.207). When the original was last in the person’s own possession and cannot be found, the law may presume the person destroyed it on purpose, and that presumption has to be overcome. Check with the Clerk, the lawyer who drafted it, the safe-deposit box and, for an electronic will, the qualified custodian. A later will, a disputed signature or a concern about capacity calls for a separate review. See probate of a will in Florida.

Where is probate filed in Palm Beach County?

Florida probate venue is the county of domicile. For a person domiciled in Palm Beach County, the estate is filed in the Circuit Court for Palm Beach County, Florida, Probate Division, part of the Fifteenth Judicial Circuit (the 15th Judicial Circuit). For a person without a Florida domicile, the location of Florida property, and in some circumstances a debtor’s residence, can determine venue (§733.101).

A daughter living in Delray Beach does not make Palm Beach County the proper venue for her father’s estate if he was domiciled in another Florida county. Conversely, a family living outside Florida may need a probate case here because of the decedent’s domicile here or Florida property here. These are examples, not a venue determination for a particular estate.

The Palm Beach County probate court: what to know before filing

The Palm Beach County probate court uses checklists for specific petitions and a separate online system for proposed orders. People often call it the West Palm Beach probate court, because the Main Courthouse is there, but the Palm Beach County probate division sits in three courthouses.

Every Florida county follows the same statewide probate law; Palm Beach County adds its own procedure. Probate court lawyers and families filing on their own face the same checklists. The same local requirements apply whether a family files on its own or hires a probate attorney. West Palm Beach, Florida, is home to the Main Courthouse, but a lawyer based elsewhere in the state files the same way.

What you need Where it is, or what applies
Official court name Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Probate Division, often shortened to Circuit Court, Palm Beach County, Florida, Probate Division
Palm Beach County Courthouse (Main Courthouse) 205 North Dixie Highway, West Palm Beach, FL 33401
South County Courthouse 200 West Atlantic Avenue, Delray Beach, FL 33444. It is one of the circuit’s three probate locations, not a separate Delray Beach probate court.
North County Courthouse 3188 PGA Boulevard, Palm Beach Gardens, FL 33410. It is a courthouse of the county circuit court, not a separate Palm Beach Gardens probate court.
Palm Beach County Clerk of Court probate division The Clerk of the Circuit Court & Comptroller, Palm Beach County, Probate Department, the Palm Beach County probate clerk, which receives filings and originals.
Filing petitions Florida Courts E-Filing Portal.
Proposed orders Submitted through the circuit’s Online Services system (the Palm Beach County probate OLS), not the e-filing portal, and not sent to the Clerk for signature. Palm Beach County probate orders are then signed and entered by the court.
Palm Beach County probate checklists Each Palm Beach County probate checklist fits a specific petition. The 15th Circuit publishes separate checklists for formal and summary administration, testate and intestate estates, ancillary proceedings, sale of real property, homestead within an administration, a standalone homestead determination, and discharge. Administrative Order 6.201 requires completed, signed checklists with the specified petitions.
Palm Beach County probate affidavit of heirs The summary intestate checklist asks for an affidavit of heirs, along with asset values, the venue basis and creditor treatment.
Original documents Specified originals go to the courthouse where the case is pending, not simply the nearest one. The circuit’s probate page currently says the ex parte docket is suspended until further notice.
Palm Beach County probate forms The court and Clerk publish official checklists and instructions; searches for Palm Beach County probate smart forms usually mean these. Lorenzo Law does not supply forms.
Palm Beach County probate division address The three courthouses listed above; the case assignment decides which one handles a file.
Judges and divisions The Palm Beach County probate judges are assigned by division, and assignments change; the court guide and the circuit’s pages list the current divisions and each probate division phone number.
Phone numbers Check the Clerk’s site for the current Palm Beach County probate phone number, and the circuit’s division pages for the Palm Beach County probate court phone number of a judge’s office. Numbers change, so they are not reprinted here.
Records and case search The Clerk’s online Palm Beach County probate records search, sometimes called the Palm Beach County probate court search, shows Palm Beach County probate records that are public.
Docket The Palm Beach County probate docket lists each filing and order in a case; a Palm Beach County probate docket search works by case number or party name.
Palm Beach County probate filing fees $401 formal or ancillary; $346 or $236 summary; $232 disposition without administration; $41 caveat (checked September 30, 2026).
Simplified map of Palm Beach County marking the three courthouses that hear probate: the North County Courthouse in Palm Beach Gardens, the Main Courthouse in West Palm Beach and the South County Courthouse in Delray Beach

View larger map of the three courthouses

15th Judicial Circuit probate procedures change from time to time, so the circuit’s current page controls. Filing a petition and submitting a proposed order are separate steps. If the court identifies a deficiency, the missing or corrected material must be supplied before the order is resubmitted. The three courthouses are court locations, not Lorenzo Law offices, and the case assignment, not the family’s nearest courthouse, decides where originals go.

Where can I find the checklists for Palm Beach County probate court? On the 15th Circuit’s probate division page, linked below. Palm Beach County probate procedures also appear in the circuit’s administrative orders and division instructions.

For Palm Beach County probate court forms, records, case search, phone numbers, divisions and more, see the Palm Beach County probate court guide, the 15th Circuit probate division page, Administrative Order 6.201 and the Clerk’s probate page. Hiring Lorenzo Law is a separate decision from obtaining records or filing information from the Clerk.

The probate process in Palm Beach County, step by step

How to file probate in Palm Beach County and carry a formal administration to the end: the Palm Beach County probate process, step by step. Summary administration follows a shorter route without a personal representative.

For the statewide overview, see the Florida probate process. Palm Beach County adds its checklists and its order-submission system to those statewide steps.

Filings follow the Florida Probate Rules, which many people call the Florida rules of probate procedure; Palm Beach County applies them through the 15th Circuit’s local instructions.

A Florida probate administration attorney handling a Palm Beach County estate follows these steps:

  1. Identify the estate and the proper court. Review domicile, the will, family relationships and how each asset is titled. Deposit the original will with the Clerk if you hold it; that step alone appoints no one.
  2. Prepare the petition for administration and the checklist. The petition for administration: Florida uses it to open a formal administration, and it names who seeks appointment; confirm that person qualifies, then complete the Palm Beach County probate opening checklist that matches the petition. If there is a proceeding in another state or country, coordinate with it.
  3. Oath, resident agent and letters. The prospective personal representative files an oath and a designation of resident agent (unless exempt). When there is a will, the court enters an order admitting the will to probate. The court appoints the personal representative, sets any bond and issues letters of administration, which banks and title companies ask to see. Families from other states often ask for “letters testamentary”; letters of administration (Florida courts’ term) are what the court issues instead. This is the appointment of personal representative (Florida law’s version of qualifying an executor).
  4. Open the estate account. Obtain a federal employer identification number (EIN) for the estate and open an estate account, so estate money is never mixed with anyone’s own.
  5. Serve the notice of administration and handle creditors. Serve the notice of administration on the people entitled to it, publish the notice to creditors, and serve reasonably ascertainable creditors.
  6. Inventory and property. Identify and value the probate assets, file the inventory (the Palm Beach County probate inventory follows the statewide rule), and protect property: insurance, association dues, the mortgage and any safe-deposit box.
  7. Claims, taxes and homestead. Pay valid claims in the statutory order of priority, object to invalid ones, address tax returns, and file a petition to determine homestead status, with the Palm Beach County homestead checklist, when title requires it.
  8. Distribute and close. File a final accounting (or waivers of accounting signed by all beneficiaries) and a petition for discharge with a plan of distribution, using the Palm Beach County probate discharge checklist, sometimes called the Palm Beach County probate closing checklist. The order of discharge releases the personal representative. Families who search for an “asset distribution attorney” are usually describing this step.
Show the step-by-step graphic

Eight steps in a Palm Beach County formal probate administration, with the will-deposit, notice, creditor, AHCA and inventory deadlines

Open the full-size graphic

Notice to AHCA. If the person was 55 or older at death, whether or not they ever received Medicaid, the personal representative must serve the state’s Medicaid agency, the Agency for Health Care Administration (AHCA), with a copy of the notice to creditors and a copy of the death certificate within three months after the notice is first published, unless the agency has already filed a claim. This lets the agency decide whether it has a Medicaid estate recovery claim.

When there are co-personal representatives (Florida allows more than one) under a will signed on or after October 1, 1987, a majority must agree on administration decisions unless the will says otherwise. The personal representative is a fiduciary with the duties of a trustee and is liable to interested persons for losses caused by a breach of those duties. For obligations arising from ownership or control of the estate, or for torts committed during the administration, the personal representative is individually liable only if personally at fault.

What does a personal representative do in Florida?

People often search for “executor of estate Florida.” In other states the role is called executor; Florida uses the term personal representative, and the court, not the will alone, makes the appointment. Here is what a personal representative of estate (Florida law’s fiduciary for probate) does.

  • Who can serve (Florida personal representative qualifications): a person is disqualified if under 18, mentally or physically unable to serve, convicted of a felony, or convicted anywhere of abuse, neglect or exploitation of an elderly person or disabled adult; a nonresident may serve only within the family relationships listed later on this page.
  • Who has priority: with a will, the person the will nominates, then the person selected by a majority in interest of those entitled to the estate, then a devisee. Without a will, the surviving spouse, then the person selected by a majority in interest of the heirs, then the heir nearest in degree (§733.301). The person must still qualify, and the court decides.
  • Duties of personal representative in Florida: collect and protect the probate assets, give the required notices, pay valid claims, account to the beneficiaries and distribute. Managing an inheritance for heirs also means coordinating with title companies, associations and banks before anything is distributed.
  • When the family disagrees: when estate property needs protection before a personal representative is appointed, the court can appoint a curator to preserve it (§733.501). Appointment without notice has statutory conditions; it is not an automatic emergency remedy.

The personal representative’s lawyer is often called the estate’s attorney; banks and title companies in Palm Beach County usually ask for that lawyer’s contact information.

How long does probate take in Palm Beach County, Florida?

Jose aims to complete summary administrations within one to two months from retention. This is a goal, not a guaranteed completion date; documents, notice requirements, creditor issues and court review can affect timing. He starts the work as soon as he is retained. Many uncontested formal administrations in his practice take roughly six months to a year. Contested matters take longer, and no probate case carries a guaranteed completion date. Formal administration takes longer because an appointed personal representative must complete the administration before discharge.

How long does Florida probate take in general? The same statutes apply statewide, so the Florida probate timeline follows the same steps in every county; the 15th Circuit adds its own checklists and order-submission process. How long does probate take in Florida without a will? No will does not by itself set a different timeline; finding and confirming every heir is what usually adds time. How long does it take for a will to go through probate in Florida? There is no separate clock for a will: the estate’s procedure and its unfinished steps set the timing. See how long probate takes in Florida.

What adds time in an estate here:

  • a missing original will;
  • an heir who cannot be located or will not sign;
  • unclear homestead status, or a seasonal residence with an unclear domicile;
  • a house or condominium sale that needs court authority, association paperwork or title-company requirements;
  • creditor claims that must be resolved;
  • a checklist deficiency that must be corrected before an order is resubmitted;
  • a tax return;
  • a disagreement among family members.

Court review of one proposed order is not the length of the whole estate. Every estate follows the Florida probate process; Palm Beach County estates move at the pace of their slowest unfinished step.

Is it normal for probate to take 2 years?

Is it normal for probate to take two years? Not for an uncontested estate, but it happens. Families who hire a lawyer for estate settlement often want a date; the honest answer is a sequence. How long does the probate process take in Florida when something goes wrong? A sale of real property, disputed claims, litigation, missing heirs or tax issues can stretch a formal administration well past a year. The first consultation should identify which unfinished step is likely to control your estate, rather than promise a fixed closing date.

Deadlines that matter in a Florida estate

Event Timing to discuss
Depositing the original will Whoever holds it must deposit it with the Clerk within 10 days after learning of the death. That is not the same as opening probate. §732.901
Letters of administration Issued only after the petition is granted, and after the personal representative files an oath and a designation of resident agent (unless exempt) and posts any required bond.
Inventory (formal administration) Generally due within 60 days after letters issue, subject to the rules and any extension. Check the circuit’s instructions for any Palm Beach County probate inventory form requirement.
Creditor claims Generally the later of three months after first publication of the notice to creditors, or 30 days after service on a creditor who must be served. §733.702
AHCA notice Within three months after first publication, if the person was 55 or older, unless the agency has already filed a claim.
Objections to the will Generally three calendar months after service of the notice of administration. If formal notice was served before letters, written defenses are generally due within 20 days after service, and a later three-month window may not follow. A waiver or an earlier bar can change the analysis.
Exempt property petition By the later of four months after service of the notice of administration, or 40 days after certain proceedings end.
Homestead election by a surviving spouse Generally within six months after death, and irrevocable.
Elective share A strict deadline after notice of administration or death.
Two years after death A separate limitation on claims, with statutory exceptions; not an absolute bar to every claim, lien or proceeding. Summary eligibility is a different rule. §733.710

Bring the actual notice and envelope, or the electronic service information, if a deadline may be running. Requesting a consultation does not extend a deadline or establish representation. See Florida probate rules and deadlines.

What is the 10-day rule for probate in Florida?

The “10-day rule” is the duty of whoever has the original will to deposit it with the Clerk within 10 days after learning of the death (§732.901). Here, the original goes to the Clerk’s Probate Department (the Palm Beach County probate office for filings); check the Clerk’s current delivery instructions first. Depositing the will does not open probate, appoint a personal representative or transfer anything. A custodian who withholds it without good reason can be ordered to produce it and made to pay costs and fees. Deposit is the first of the steps to probate a will in Florida; Palm Beach County checklists come next.

Palm Beach County property issues to address early

Is homestead property exempt from probate in Florida?

Under Florida homestead probate rules, protected homestead has special inheritance and creditor protections, and it is excluded from the summary-administration value test as property exempt from creditors’ claims, but it can still require a court step. Whether the residence qualifies, who inherits it, how it was titled, and whether a surviving spouse or minor child limits a gift of it all need review. An existing mortgage or other enforceable lien is not erased by calling the property homestead. In practice, title companies usually ask for a court order determining homestead status before they will insure a sale.

A Palm Beach County distinction: the 15th Circuit publishes one Palm Beach County probate checklist (homestead version) for a homestead petition within a formal or summary administration and a separate checklist for a standalone homestead determination. The standalone checklist calls for no other petition in the file and a statement that there are no other assets or anticipated assets, among other requirements. That is a reason to examine the whole estate before choosing a route, not a promise that every homestead can skip administration. See Florida homestead in probate and the homestead probate FAQ.

Can a house be sold during probate in Palm Beach County?

Yes, with the right authority. Selling a house in probate: Florida law first asks who has authority to sign. For estate property, a power of sale in the will, or court authorization or confirmation, allows the personal representative to sell (§733.613). Protected homestead, and property that already belongs to the heirs, raise different questions, and one heir cannot sign for all owners. Do all heirs have to agree to sell a house in Florida? Not necessarily when the estate sells with proper authority; the deed, the will and the title company’s requirements decide it. When co-owners cannot agree, a separate partition action may be needed.

This is the work people mean when they search for a real estate probate attorney or a probate real estate attorney: title, authority and association paperwork aligned before closing. Before agreeing to a closing date in Boca Raton, Jupiter or anywhere in the county, bring the deed, the proposed contract and the title company’s requirements. See selling a house during probate and when siblings disagree about selling the family home.

Who pays condo assessments during probate in Boca Raton, Highland Beach and Palm Beach?

A condominium keeps generating obligations while the estate is open, and an heir who takes title can become responsible for assessments the estate left unpaid.

  • Heir liability. Under §718.116(1)(a), a new owner is jointly and severally liable with the previous owner for assessments that came due before the transfer, with no exception for a unit received by will or inheritance. The heir has a right to recover from the estate, but the association can pursue the heir first. Florida’s First and Third District Courts of Appeal disagree about how far back that liability reaches, and the Florida Supreme Court has not resolved the conflict. Palm Beach County appeals go to the Fourth District Court of Appeal, which has not decided the question, so the answer here is unsettled. Have the association’s statement reviewed before accepting title.
  • During administration. Assessments that come due while probate is open are generally owed by whoever holds title to the unit. If the unit is part of the probate estate (not protected homestead), the personal representative pays them from estate assets. If it is protected homestead, title passed to the surviving spouse or heirs at death, outside the estate. Either way, the association has a statutory lien and can foreclose, and homestead protection does not block an assessment lien.
  • Special assessments on older coastal buildings. Condominium buildings three or more stories tall need milestone structural inspections, generally at 30 years after the certificate of occupancy (a local agency may lower that to 25 near salt water), then every 10 years (§553.899). Associations must fund structural integrity reserves, based on a structural integrity reserve study, for key building components (§718.112(2)(g)). For budgets adopted on or after December 31, 2024, unit owners generally can no longer vote to waive or underfund those reserves, subject to two narrow pause exceptions. That is why an inherited unit in an older oceanfront tower on A1A can arrive with a large special assessment.
  • Transfers and sales. An association can require approval of a title transfer only if its declaration says so in those terms, and many declarations exempt transfers to family members. Request the association’s estoppel certificate early, not at the closing table.
  • Condominiums only. These rules come from the Condominium Act. Homeowners’ associations in gated single-family communities follow a different statute, so their documents need their own review.
An inherited Palm Beach County condominium in probate: unpaid dues before the transfer, dues during administration, special assessments on older coastal buildings, and association approval and estoppel

An empty unit also raises practical questions: who has the keys, whether the insurance allows vacancy, who receives association notices, and whether a repair is urgent. Do not distribute the estate’s cash before the bills and the person authorized to pay them are identified. Condo probate (Florida rules for condominium units in an estate) is one reason families interviewing Boca Raton probate attorneys should raise the association’s statement at the first meeting.

Club memberships, equestrian property and timeshares

Some estates here hold assets that need records beyond a deed and a bank statement.

  • Country-club memberships. A membership may include a refundable deposit or another contractual right. Refundability, transfer restrictions, waiting lists and timing depend on the club’s documents. Bring the membership agreement, account statement and correspondence; do not assume the amount paid to join is the amount the estate will receive.
  • Wellington and other equestrian property. Separate the land from the horses, equipment, boarding or training contracts, leases and any business entity. Gather title and ownership records, care arrangements, insurance, invoices and valuations. Animals and contracts need someone with authority to act quickly.
  • Timeshares. Ownership and ongoing obligations warrant an early review. See inheriting a Florida timeshare.

These are examples of records that may matter, not a claim that every local estate includes them, or that every related service is within the probate quote.

Seasonal residents and domicile

If the person divided the year between Palm Beach County and another state or country, collect the addresses used, voter registration, driver’s license, homestead exemption and tax filings, and information about any estate already opened elsewhere. A winter residence, a mailing address or the place of death does not by itself settle domicile. Domicile decides which state handles the main estate, so resolve inconsistent information before petitions are filed in two places. Whether you hire Boca Raton, Florida probate lawyers or a firm in another state, resolve domicile before anything is filed; any probate attorney should ask for these records first.

Beneficiary designations after divorce or death

Get the actual beneficiary records for life insurance, retirement accounts and payable-on-death accounts. They pass by their own terms, outside the will. A former spouse, or a beneficiary who died first, can change the result depending on the plan’s terms and Florida law. Knowing how each asset is owned separates probate work from a separate benefit claim or dispute. See bank accounts when someone dies.

Out-of-state, snowbird and foreign-owner estates

Ancillary administration: Florida property of a nonresident

Ancillary administration is the Florida proceeding for a person who was domiciled in another state or country but owned Florida property, such as a Palm Beach condominium. It runs alongside the home proceeding and often uses the home-state or foreign appointment papers. Formal ancillary probate in Florida starts with a petition for ancillary administration; Florida courts then issue letters to a qualified personal representative. Bring certified or authenticated copies of the will, the appointment and orders from the other jurisdiction, if available. The 15th Circuit publishes both formal and summary ancillary checklists. The cost of ancillary probate depends on the property and the home proceeding, so Lorenzo Law quotes it per matter.

What is the difference between probate and ancillary probate? The main probate, called the domiciliary administration, happens where the person lived. Ancillary probate is the additional Florida proceeding for Florida property of a person who lived elsewhere.

The short-form route for smaller Florida property. When the nonresident left a will, the gross value of the Florida property at death is $50,000 or less, and the foreign personal representative files within two years after death, Florida has a short-form ancillary procedure (§734.1025). Summary administration under §735.201 can also be available for a nonresident’s Florida estate (ancillary summary administration; Florida courts in this circuit use a summary ancillary checklist). Which route fits depends on the property, the will and what the home proceeding has already done.

Which Florida proceeding fits a snowbird or foreign owner's Palm Beach property: formal ancillary administration, short-form ancillary or ancillary summary administration

View the snowbird and foreign-owner graphic

First, though, Jose reviews how the Palm Beach property was titled. Property that passes through a funded trust, survivorship ownership or another effective transfer may not need a Florida proceeding at all. Citizenship alone does not select the procedure. See Florida ancillary probate and ancillary administration for non-citizens.

What are the requirements for an ancillary probate in Florida? A decedent who was domiciled outside Florida, Florida property that needs a court transfer, a petition in the county where the property is, and, in a formal ancillary administration, a personal representative who qualifies under Florida law. The short-form and summary routes above work differently.

What documents are needed for an ancillary probate in Florida? Usually authenticated copies of the will and of the foreign appointment and orders, a death certificate, and the Florida deed or account statements. Bring translations of anything not in English.

How much does ancillary probate cost in Florida? It depends on the property and on what the home proceeding has already done, so Lorenzo Law quotes it per matter. The Clerk lists $401 to open an ancillary administration.

How long does ancillary probate take in Florida? About as long as a formal administration of the same Florida property, because the Florida proceeding has its own notice and creditor steps. The short-form route can be faster where it applies.

Canadian and other foreign owners of Palm Beach property

When a Canadian or other foreign owner of a condo or home here dies, the Florida property usually needs its own Florida proceeding, often ancillary administration, even if the estate was settled at home. Property titled in the owner’s name alone usually still needs that Florida proceeding. Property held jointly with a right of survivorship, or in a funded trust, passes without one, and so can property conveyed by an enhanced life estate (Lady Bird) deed. Florida has no transfer-on-death deed for real estate; transfer-on-death designations work only for accounts and securities. Foreign wills, foreign appointment papers and translations need review. Families abroad sometimes search for an international probate attorney; the Florida side needs a lawyer admitted in Florida. Florida will not admit a holographic (handwritten, unwitnessed) or oral will, even if it was valid where it was signed.

The probate asset list and the federal taxable estate are different things. When the person was neither a U.S. citizen nor domiciled in the United States, an estate tax return can be required at a much lower level of U.S. assets, and a tax treaty, such as the one with Canada, can affect whether any tax is actually due. Raise tax questions with a tax professional early. Whether the probate attorney is in Palm Beach or elsewhere in Florida, the lawyer handles the Florida transfer and can coordinate with the advisers at home. See the IRS guidance for nonresidents.

Can I be personal representative if I live outside Florida?

Only if you fall within the relationships the law allows for a nonresident personal representative. Florida permits a person not domiciled in Florida to serve under §733.304 only if they are:

  • related to the decedent by lineal consanguinity;
  • a spouse, brother, sister, uncle, aunt, nephew or niece of the decedent, or someone related by lineal consanguinity to any of them;
  • an adopted child or adoptive parent;
  • the spouse of anyone otherwise qualified.

An out-of-state executor (Florida says nonresident personal representative) who is only a trusted friend, accountant or business partner, with no qualifying family relationship, cannot serve, however clearly the will names them. Being named in the will does not override the qualification rules. Bring the exact relationship and the will for review. Read about serving as an out-of-state executor in Florida and how to become personal representative in Florida.

Can I handle a Palm Beach County probate from New York or another state?

Often yes. You do not need to move to Florida to hire a Palm Beach County probate lawyer, and you can take part in probating an estate in West Palm Beach, Boca Raton or anywhere in the county from another state. Consultations can be by phone, petitions are filed electronically, and much of the information gathering and document preparation can be coordinated remotely. Jose offers remote signing through online notarization for documents that can lawfully be signed that way. Court appearances, signing requirements and original documents depend on the proceeding and the assigned division, so a fully remote result is not promised. Confirm what your role and the assigned judge require before booking travel.

Larger and complex Palm Beach estates

A larger estate is not automatically a harder probate, but it usually has more moving parts to coordinate. Families looking for a high-net-worth probate attorney in West Palm Beach or Wellington are usually dealing with several of these at once:

  • a trust that holds some assets while others still need probate;
  • more than one residence, and a domicile question between Palm Beach and another state;
  • club deposits, art and collections, boats or aircraft, and equestrian property;
  • a closely held business or real estate entities;
  • federal estate tax: for U.S. citizens and residents, the federal estate tax reaches only estates above the federal exemption, $15 million per person in 2026, reduced by taxable lifetime gifts;
  • beneficiaries in several states or countries.

The probate side still follows the same Florida rules, whether you hire a solo practitioner or a larger firm. The practical difference is sequencing: valuations, tax advisers, trustees and title work have to be coordinated so that the estate does not distribute or sell before each question is answered. Tax returns and tax advice are separate engagements unless the written agreement says otherwise.

Family protections, minors and Medicaid

What does a surviving spouse get in Florida?

More than the will may show. Beyond any gift in the will or the intestate share, Florida law gives a surviving spouse protections that a will cannot always override:

  • Elective share: the right to elect 30% of the “elective estate,” which can include some property outside probate, within a strict deadline after notice of administration or death (§732.2065). See the Florida elective share.
  • Homestead: when the person is survived by a spouse or a minor child, the home generally cannot be left by will to anyone else; if there is a spouse but no minor child, it can be left to the spouse. When the home instead passes by law and the person also left descendants, the spouse generally takes a life estate, or may elect within six months after death to take a half interest instead; that election cannot be revoked.
  • Exempt property: household furniture, furnishings and appliances up to $20,000 in net value, up to two qualifying motor vehicles, and certain other property, including qualified tuition program accounts, claimed by a timely petition.
  • Family allowance: up to $18,000 for the spouse and other lineal heirs the person was supporting, requested by a verified petition. See family allowance in Florida.

A written prenuptial or postnuptial agreement, signed before two witnesses, can waive these rights; one signed after the marriage also requires fair disclosure of each spouse’s estate. Second marriages and blended families make these rules matter, so bring any marital agreement, waiver or prior court order to the first meeting. See surviving spouse rights in Florida.

What happens when a beneficiary is a minor?

A child’s inheritance needs a legally authorized recipient and an appropriate way of holding it. A natural guardian, usually a parent, can receive property distributed from an estate for a minor without a court appointment when the amounts received total no more than $15,000 in the aggregate (§744.301). Above that, a guardianship of the property is generally required, unless a trust or a transfer to a custodian is available. If the will authorizes a transfer to a custodian under Florida’s transfers-to-minors act, the personal representative can make it with no dollar cap and no court approval. If the will is silent, the transfer must be in the child’s best interest and not inconsistent with the will, needs court approval above $10,000, and the custodianship ends at 18. Bring the child’s age, the will or trust, and the amount and type of property. If a separate guardianship proceeding is needed, its scope and fee are discussed separately.

Can Medicaid claim against a Florida estate?

It can, for Medicaid benefits paid after the person reached 55. Florida’s Medicaid estate recovery law lets the Agency for Health Care Administration (AHCA) file a claim in the estate for those benefits; benefits paid before 55 create no debt (§409.9101). The claim is not enforced if the person is survived by a spouse, a child under 21, or a child who is blind or permanently and totally disabled, and it cannot reach protected homestead or other property exempt from creditors. AHCA, not the court, decides a request to waive recovery for undue hardship, and the claim is paid in the third priority class, after administration and funeral expenses. The separate AHCA notice requirement in a formal administration is triggered by the person being 55 or older at death, not by the family’s knowledge of Medicaid benefits. Bring benefit records and agency correspondence.

Can an heir use the deceased person’s power of attorney?

No. A power of attorney ends at the principal’s death. Authority afterward comes from the relevant probate appointment, a trust, the account title or a beneficiary designation; it does not all come from a probate court. A guardian’s authority also ends at the ward’s death, though a guardian of the property still has closing work to do: a final report within 45 days after being served with letters of administration, delivery of the remaining assets, and discharge. See guardianship in South Florida.

Does a beneficiary inherit the person’s debts?

Being an heir does not make you personally liable for the decedent’s debts. Heirs who search for an “inheritance lawyer near me” often ask this first. A debt you co-signed is your own. Valid claims are paid from the estate in the statutory order of priority. A beneficiary who received a distribution from an insolvent estate can be required to return it, up to the value received. Do not pay creditors or distribute assets before the claims picture is clear. See do you inherit debt in Florida and Florida probate creditors.

Probate litigation in West Palm Beach and Boca Raton

When a Palm Beach County estate becomes contested, the lawyer who understands the administration can also evaluate the dispute. For families looking for a probate litigation attorney, West Palm Beach and Boca Raton disputes are heard in the same Probate Division as the administration. Jose represents personal representatives, heirs and beneficiaries in probate litigation, including:

  • will contests, undue-influence and capacity challenges, and caveats;
  • petitions to remove a personal representative;
  • demands for an inventory or accounting;
  • breach of fiduciary duty and surcharge claims;
  • disputed homestead and heirship determinations;
  • claims about transfers made before death;
  • trust disputes that run alongside the estate (if you are looking for a trust attorney, West Palm Beach trust disputes are covered on the trust litigation page).

A question about collecting an account is different from a challenge to a will, an accusation that someone diverted assets, or a request to remove a fiduciary. Explain the disagreement before assuming an uncontested administration quote covers it. A West Palm Beach probate litigation law firm with several trial lawyers is one option; Lorenzo Law is a solo practice, and Jose evaluates each dispute himself before agreeing to a scope. Probate issues are tried by the judge, not a jury, and many disputes go to mediation first.

Deadlines matter most, and they are the first thing any West Palm Beach probate litigation lawyer checks. A will objection is generally due three calendar months after service of the notice of administration, and written defenses to a formal notice served before letters are generally due within 20 days after service. A waiver, a consent or an order already entered can change the analysis. Florida does not enforce a no-contest clause in a will. A caveat can require notice before a will is admitted or letters issue, but it does not by itself prove a will invalid, and its effect depends on who files it.

For more, see the West Palm Beach probate litigation attorney page; for disputes in south county, see Boca Raton probate litigation. Statewide: the Florida will contest attorney, Florida probate litigation, undue influence, breach of fiduciary duty, trust litigation and caveats in Florida probate.

Do I need a lawyer for probate in Florida?

Do I need a lawyer to go through probate in Florida? In a formal administration, generally yes. A personal representative must be represented by a Florida attorney unless the personal representative is the sole interested person or is a Florida attorney. Being the only beneficiary is not the same as being the sole interested person: a creditor, an omitted heir or a surviving spouse can also have a stake. No Florida court has held that one known creditor alone ends the exception, but proceeding without a lawyer is risky whenever anyone else has a financial interest.

Can I file for probate without a lawyer in Florida?

Do I need a lawyer for summary administration in Florida? Not always, because no personal representative is appointed. Can you do probate yourself in Florida? Filing without an attorney works best when the estate is small, the family agrees and there is no real estate. A petition for summary administration (Florida requires it to list each asset and its value) can be filed without a lawyer. The petition, beneficiaries’ joinder or formal notice, the Palm Beach County probate rules and checklists, a diligent creditor search and provision for claims still have to meet the requirements. A defective order is often discovered years later, when someone tries to sell or refinance the property. Court self-help resources can explain forms; they cannot give legal advice about your estate.

You may not need a probate lawyer at all when:

  • everything passed by beneficiary designation, survivorship or a funded trust, leaving nothing to administer;
  • a small bank balance qualifies for the $2,000 family-member payment;
  • the estate qualifies for disposition without administration.

Do you have to hire a lawyer for probate in Florida when the rule does not require one? No, but retain a Palm Beach County probate attorney when:

  • there is real property, especially a condominium with an association;
  • you live outside Florida and must confirm you can serve;
  • anyone questions the will, the signature, capacity or a transfer made before death;
  • creditors are calling, or a claim has been filed;
  • a beneficiary is a minor or cannot be located;
  • the person was not a U.S. citizen, or owned property in another state or country;
  • a sale, a business or a lawsuit needs someone with authority to act.

For more, see do I need a Florida probate attorney.

What are the common mistakes in a Palm Beach County probate?

What are the common mistakes in probate? Each of these can delay an estate or cost the family money, whether or not the family hires a probate lawyer. They are the warnings a careful probate lawyer, anywhere from North Palm Beach to Boca Raton, gives a family at the first meeting.

  1. Keeping the original will instead of depositing it with the Clerk within 10 days.
  2. Using the decedent’s power of attorney after death. Its authority ended at death.
  3. Assuming the person named in the will can serve, without checking the nonresident rules.
  4. Paying creditors, or distributing to family, before the claims picture is clear.
  5. Letting condominium assessments lapse while the estate is open.
  6. Filing a petition without the 15th Circuit’s checklist, or sending a proposed order somewhere other than the court’s order system.
  7. Selling or clearing out the house without authority.
  8. Filing summary administration without a diligent creditor search.
  9. Relying on the $75,000 figure from an outdated page.
  10. Waiting two years as a strategy while taxes, assessments and repairs pile up.
  11. Mixing estate money with personal money instead of opening an estate account.
  12. Missing the AHCA notice when the person was 55 or older.

Myth vs. reality: Palm Beach County probate

Myth Reality
“The small-estate limit is $75,000.” The summary administration limit has been $150,000 since July 1, 2026.
“The new $150,000 limit only applies to deaths after July 1, 2026.” The act does not say; the question is open.
“A big house means we need full probate.” Protected homestead is excluded from the summary-administration value test.
“Having a will means we avoid probate.” A will directs probate property. Titles, beneficiary designations and funded trusts decide what avoids probate.
“The family inherits the debts.” Heirs are not personally liable, but a distribution from an insolvent estate can be clawed back.
“The person named in the will automatically serves.” The court appoints, and the nominee must qualify.
“Probate always costs 3% of the estate.” The statutory schedule is a presumption for formal administration, not a mandate; fees are negotiable. Lorenzo Law quotes flat fees.
“The estate pays everything, so we pay nothing up front.” The engagement decides payment timing. A beneficiary’s own lawyer is usually not an estate expense.
“Florida will tax my inheritance.” Florida has no estate tax and no inheritance tax. The federal estate tax reaches only estates above the federal exemption ($15 million per person in 2026 for U.S. citizens and residents, reduced by taxable lifetime gifts); different rules apply to non-U.S. owners.
“We can just wait two years.” Waiting can cost the estate in taxes, assessments and repairs, and some creditor rights survive two years.

How to choose a probate attorney in Palm Beach County

Compare who will actually do the work, what the fee covers, and how the lawyer will handle your estate’s specific risks. How do I find a good probate attorney? And how to find the best probate attorney for your estate? Start with fit, not rankings. There is no official ranking of the best probate attorney West Palm Beach, Boca Raton or any Florida community could point to, and no directory can name one. Check any lawyer you consider on The Florida Bar’s member profile, and talk to more than one.

Questions to ask a probate attorney

These questions work for any of the probate lawyers West Palm Beach families interview, and they tell you what to expect from a probate attorney once you hire one.

  • Who will handle my file from the first filing to the order of discharge?
  • If you are looking for an experienced probate attorney, ask: how many estates like this one have you handled, and what usually slows them down?
  • Which route fits this estate (summary, formal or ancillary), and why?
  • What does the fee include, and what would put work outside the quote?
  • How will the 15th Circuit’s checklists and order submissions be handled?
  • What will you need from me, and when will I hear from you?
  • How do you handle a condominium, a seasonal residence, or a nonresident personal representative?
  • If the estate becomes contested, will you handle the dispute or refer it elsewhere?

Whether you find a probate lawyer through a referral, a directory or a search, these questions work the same way. Local probate attorneys can meet you in person, and a lawyer based elsewhere in Florida can file here just as well.

Comparing probate attorneys in Palm Beach County

Probate lawyers in Palm Beach County differ in staffing, availability and scope, so compare several probate attorneys. Palm Beach County, Florida, has a large probate bar, and the differences matter.

West Palm Beach probate lawyers range from solo practices to large firms, and they also differ in who actually does the work.

A larger firm may offer additional coverage; ask who will be responsible for your file. A search for “best probate attorney Boca Raton” is only a starting point. Lorenzo Law is a solo practice, and Jose personally handles the matters the firm accepts. Compare that structure with the communication, staffing and scope offered by any firm you are considering. It is a difference in practice structure, not a claim about another lawyer’s ability.

Some families compare probate litigation attorneys separately from administration lawyers. Some probate law firms in Boca Raton split the two between different lawyers; at Lorenzo Law, both are handled by Jose under separate engagements.

Looking for a probate lawyer near you?

Searches for “probate lawyer near me,” “probate attorney near me” or “best probate lawyers near me” return maps full of pins. Compare scope, communication and fee terms as well as distance.

A search for “estate lawyers in my area” or “executor of estate lawyer near me” is really a search for someone who knows the local court and will pick up the phone.

When you search for a probate attorney, Palm Beach County has one court for every estate, wherever the lawyer’s office sits: the case is filed in the 15th Circuit’s Probate Division and assigned to one of its courthouses. You do not need a probate lawyer in West Palm Beach itself, and hiring a probate attorney in West Palm Beach does not change where the case is heard. Lorenzo Law does not have a Palm Beach County office. Consultations are available by phone, and Jose meets clients by appointment in Fort Lauderdale and Coral Gables. See how to choose a Florida probate lawyer.

Probate across Palm Beach County

Jose represents families with estates throughout Palm Beach County, from Jupiter and Tequesta to Boca Raton, and from the Town of Palm Beach to Wellington and the Glades. A city page describes local issues; it does not mean the firm has an office in that city. These examples identify records to gather and questions to raise; they do not predict what every estate in an area involves.

Map of Florida counties marking the principal office in Kissimmee, by-appointment meeting locations in Coral Gables and Fort Lauderdale, cities with related local pages, and other cities where Lorenzo Law represents clients

View the full-size Florida service-area map

Area Communities Lorenzo Law pages Issues to raise early
Central county West Palm Beach, Palm Beach, Riviera Beach and Singer Island West Palm Beach probate lawyer · West Palm Beach probate litigation attorney Oceanfront condominiums and historic homes; seasonal residents’ domicile records.
Lake Worth Beach area Lake Worth Beach, Greenacres, Lantana This page · Spanish-language Lake Worth page below Older single-family homes and family property; a Lake Worth probate attorney search covers Lake Worth Beach, the city’s current name
Boca Raton and Highland Beach Boca Raton, Highland Beach Boca Raton probate attorney · probate litigation attorney, Boca Raton Condominiums and club communities; the association’s estoppel certificate should be an early request for any probate lawyer. Boca Raton club deposits need their own review
Delray Beach and Boynton Beach Delray Beach, Boynton Beach Delray Beach probate lawyer · Boynton Beach probate lawyer 55+ communities and condominiums; association approval of transfers is an early question for any probate attorney. Delray Beach and Boynton Beach declarations differ, so read each one
Jupiter and the north coast Jupiter, Juno Beach, Tequesta This page Waterfront homestead; a Jupiter probate attorney should confirm homestead status before any sale
Palm Beach Gardens and North Palm Beach Palm Beach Gardens, North Palm Beach This page (no Palm Beach Gardens probate lawyer page yet) Club and gated communities; a Palm Beach Gardens probate attorney, like a probate attorney in North Palm Beach, should ask for club and association documents
Western communities Wellington, Royal Palm Beach, Loxahatchee This page Equestrian property and contracts; a Wellington probate attorney should separate land, horses and entities, and Royal Palm Beach probate matters go to the same division
The Glades Belle Glade, Pahokee, South Bay This page Family land held for generations; missing heirs; property held as tenants in common

Every estate in the county is filed in the same 15th Circuit Probate Division, whichever city the person lived in. A search for a Palm Beach probate attorney can mean the Town of Palm Beach or the whole county; either way, there is no separate Palm Beach probate court for the town. For Treasure Coast estates to the north, see Port St. Lucie probate; for Broward, see the Broward County probate lawyer and Fort Lauderdale probate attorney pages; for Miami-Dade, see the Miami-Dade County probate lawyer page; and see South Florida probate and all Florida service areas.

Consultations in Spanish. Consultations are available in Spanish, and Lorenzo Law has Spanish-language pages for Palm Beach County families: West Palm Beach inheritance and wills attorney (in Spanish) · Boca Raton (in Spanish) · Delray Beach (in Spanish) · Lake Worth (in Spanish) · Florida inheritance attorney (in Spanish).

Working with Jose M. Lorenzo, Jr.

Portrait of attorney Jose M. Lorenzo, Jr.

Jose M. Lorenzo, Jr. is Lorenzo Law’s sole attorney; anyone looking up Jose Lorenzo, attorney at law, can check his Florida Bar profile, linked below. He is a Florida probate administration lawyer; Palm Beach County estates are part of his statewide practice, including both the administrations and the disputes that grow out of them. He was admitted to The Florida Bar on October 4, 2013 (Florida Bar No. 107002).

  • Before admission, he worked for roughly a decade as a paralegal on probate and litigation matters.
  • As a third-year law student, he served as a judicial intern in the Probate Division of Florida’s Eleventh Judicial Circuit with the Honorable Maria M. Korvick.
  • Education: a B.A. in Accounting and Finance from Florida International University, and a law degree from FIU College of Law.

Read Jose’s biography and his official Florida Bar profile.

How the practice works:

  • A solo practice: one Palm Beach County estate & probate attorney from the first review through the final order.
  • Phones are answered 24 hours a day, and the firm aims to follow up on inquiries within one to two business days.
  • Free initial consultation, by phone or by appointment, in English and Spanish.
  • The principal office is in Kissimmee, Florida. Jose also meets clients by appointment in Fort Lauderdale and Coral Gables. Lorenzo Law does not have a Palm Beach County office; see the contact page for current appointment locations.
  • Remote signing through online notarization for documents that can lawfully be signed that way.

Prepare for your free consultation

What items need to be included for probate? Before probating an estate, Palm Beach County families can start with what they have; missing documents do not prevent a first conversation.

  1. The person’s name, date of death, last permanent address and a death certificate if available.
  2. The original will and any codicils, or copies and information about where the originals are.
  3. Names, relationships and contact information for the spouse, children, beneficiaries and proposed personal representative; note any minors and anyone living outside Florida.
  4. Deeds, account titles and beneficiary information, approximate values, and any bank or title-company request.
  5. Mortgages, association statements and special-assessment notices, funeral invoices, last-illness bills and other known debts; note who has paid expenses personally.
  6. Any case number, letters of administration, court orders, notices and service dates, including proceedings outside Florida.
  7. Trust or marital-agreement documents, Medicaid correspondence, and information about tax work already underway.
  8. Property-specific records: a club agreement, horse ownership papers, a lease, timeshare documents or business records.
  9. Any letter about unclaimed property held by the state.

Bring this list to the probate attorney consultation; anything missing can come later. Use the website form for a brief description and contact information. Do not put full account numbers, Social Security numbers or sensitive documents in the message; ask how to share records securely after the firm confirms the next step. The consultation can identify issues and next steps. Representation begins only if the firm accepts the matter under a written engagement.

More questions about Palm Beach County probate

How much does a probate lawyer cost in Palm Beach County?

How much should I expect to pay a probate lawyer? At Lorenzo Law, summary administration starts at $3,975 and uncontested formal administration at $7,975, with the costs of the procedure included, quoted before the engagement begins. When comparing attorney probate fees, Florida firms may bill hourly, by the statutory schedule, or by flat fees that may or may not include costs, so compare what each quote covers.

What is the filing fee for probate in Palm Beach County?

$401 for formal or ancillary administration and $346 for summary administration of an estate of $1,000 or more, on the Clerk’s schedule checked September 30, 2026.

What is the typical flat fee for a probate lawyer in Florida?

There is no standard figure, and flat fees are only comparable when you know what each includes. Some quotes include court costs, publication and certified copies; others add them on top. Searches for “summary administration Florida cost” usually return ranges without the inclusions, so ask for them in writing. Lorenzo Law’s flat fees start at $3,975 for summary administration and $7,975 for uncontested formal administration, with the costs of the procedure included.

Is the probate attorney free consultation really free?

Yes. The initial probate lawyer free consultation carries no charge, by phone or by appointment. A probate lawyer consultation is a chance to discuss the estate, the likely procedure and the proposed engagement. Only the initial consultation is free; representation starts under a written engagement.

How long does summary administration take in Florida?

How long does summary probate take in Florida? Jose aims to complete summary administrations within one to two months, and he begins the filing work as soon as he is retained. Summary administration is usually faster than formal administration because no personal representative is appointed, there is no separate inventory, and there is no ongoing administration after the court enters its order. Timing still depends on complete documents, beneficiaries’ participation, the creditor search and the court’s review; the one-to-two-month aim is a goal, not a guarantee.

Does a valuable home prevent summary administration?

Not necessarily. Property exempt from creditors’ claims is excluded from the value calculation. In probate, homestead (Florida law’s protected residence) is exempt for that purpose. The property must actually qualify; not every residence or seasonal condominium does. The will condition and the other requirements still apply.

Who handles probate in Florida?

The circuit court in the county where the person was domiciled. In the Palm Beach County, FL probate court, that is the Probate Division of the Fifteenth Judicial Circuit; the Clerk receives filings, and judges or case managers review petitions and proposed orders under the circuit’s procedures. A personal representative, or in summary administration the petitioners, carry the estate through the process.

How do I find out if probate has been filed in Florida?

Search the Clerk’s records in the county where the person lived. In Palm Beach County, run a Palm Beach County probate record search by name, or a Palm Beach County probate case search by case number. A public docket may not show every confidential document. If an order or a deficiency notice is unclear, bring it for review rather than treating the absence of a new docket entry as proof that nothing is required. The Palm Beach County probate court guide explains the search.

Are probate records public in Florida?

Is probate public in Florida? Most probate filings are public court records, though some documents are confidential. See the court guide for how to search.

Does probate notify beneficiaries in Florida?

In a formal administration, the personal representative serves a notice of administration on the people entitled to it, including beneficiaries, which starts important deadlines. In summary administration, beneficiaries either join the petition or receive formal notice.

Is there a separate Boca Raton probate court?

No. Boca Raton estates are filed in the county’s Probate Division of the 15th Circuit, which also hears probate matters at the South County Courthouse in Delray Beach. There is no separate Boca Raton probate court, and Boca Raton probate records are part of the county’s records.

Boca Raton probate lawyers file there the same way as lawyers from anywhere else, using the same checklists and order system.

Do I need a Delray Beach probate attorney for an estate in Delray or Boynton Beach?

No. A Delray Beach probate attorney may be convenient for meetings, but the estate is filed in the county Probate Division either way.

The same is true whether you searched for “probate lawyer Delray Beach” or “probate attorney Boynton Beach”.

Boynton Beach, Florida probate lawyers and out-of-county lawyers file the same petitions with the same checklists.

Do I need a Jupiter or Palm Beach Gardens lawyer for a north county estate?

No. A family can hire any Florida probate lawyer: Jupiter, Palm Beach Gardens and Tequesta estates are filed in the same Probate Division as every other county estate.

There is no separate Jupiter, Florida probate court. Someone who searches for “probate attorney Jupiter FL” gets the same answer: whoever the lawyer is, the lawyer files the case and the circuit assigns it.

The same is true for a “probate attorney Palm Beach Gardens” search, or one for North Palm Beach: the North County Courthouse is one of the circuit’s three locations, not a city court.

Do I need a separate probate litigation lawyer in West Palm Beach?

Not necessarily. If you are comparing probate litigation attorneys in West Palm Beach, ask whether the same lawyer can handle both the administration and the dispute. Jose handles both, under separate engagements.

Which courthouse will handle my case?

The case assignment decides, not the family’s address or the nearest courthouse. People say “the Palm Beach, Florida probate court” for all three locations: the 15th Circuit hears probate matters at the Main Courthouse in West Palm Beach, the South County Courthouse in Delray Beach and the North County Courthouse in Palm Beach Gardens. Check the assignment and current instructions before sending originals.

Do you have to go through probate when someone dies in Florida?

Not always. Does every death in Florida have to go through probate? No. Is probate required in Florida? Only for some property. Probate is generally needed only for property that does not pass on its own at death. When everything passed by payable-on-death designation, joint ownership with survivorship, a funded trust or life insurance with a living beneficiary, there may be nothing to probate.

What assets are exempt from probate in Florida?

Can probate be avoided in Florida? For your own property, often, with planning. Assets that pass by their own terms are outside probate: accounts with a pay-on-death or transfer-on-death designation, property owned jointly with survivorship, trust assets, and life insurance or retirement accounts with a living beneficiary. Separately, Florida’s exempt-property rules can protect certain household items and motor vehicles for the surviving family if a timely petition is filed. See what assets are exempt from probate.

When does probate start, and when is probate over in Florida?

Probate starts when a petition is filed with the court, not automatically at the death. That is how to start probate in Florida: the right petition, in the right county. When does probate end in Florida? In formal administration, when the court enters the order of discharge; in summary administration, when the order is entered and the property is distributed.

Is depositing a will the same as opening probate?

No. Depositing the will satisfies a separate duty. It does not appoint a personal representative, issue letters, determine every heir’s rights or transfer the assets.

Does Florida have an estate or inheritance tax?

No. There is no Florida estate tax and no inheritance tax. For U.S. citizens and people domiciled in the United States, the federal estate tax generally applies only to estates above the federal exemption, $15 million per person in 2026, and taxable gifts made during life use up part of that exemption. Different federal rules apply when the person was neither a U.S. citizen nor domiciled in the United States. Final income-tax returns, estate income-tax returns and property taxes are separate obligations. See the Florida Department of Revenue.

Is Florida a difficult probate state?

Florida’s probate laws are detailed but predictable. Like every county, Palm Beach County follows the State of Florida probate laws; Palm Beach County adds its checklists and order-submission system. Missing documents, unclear titles, creditors, family disagreements and court review can all affect timing. Ask which step is likely to control your estate.

What if I can’t afford a probate attorney?

Does probate cost money in Florida? Yes: filing fees, publication and, usually, a lawyer. Ask about the whole picture before assuming you can’t. Some estates qualify for a small-estate procedure, or need no probate at all. For estates that do need probate, a flat fee with costs included tells you the number before you commit, and the payment timing is set in the written agreement. Court self-help resources and legal aid organizations can help with some matters, and low cost Florida probate lawyers and online services exist; compare what each includes.

Talk to a Palm Beach County probate attorney

Before choosing a probate lawyer, Palm Beach County families can get answers in one free probate consultation. If you are comparing lawyers who offer a free consultation, ask what the free meeting covers and when fees begin. Tell Lorenzo Law who died, where the person lived, what property is involved, your role, and whether a case or deadline already exists. Jose can discuss the legal work needed, the fee and the next steps.

Request a free initial consultation · Call (305) 224-6811

Consultations are available in English and Spanish, by phone or by appointment. Only the initial consultation is free; representation is agreed separately in writing. The firm’s principal office is in Kissimmee, Florida; this page describes service in Palm Beach County and does not advertise a local office.

Planning your own estate rather than settling someone else’s? Many Palm Beach County estate lawyers do both; at Lorenzo Law, visit the separate Palm Beach County estate planning page. A funded trust, current beneficiary designations, suitable joint ownership or a properly prepared Palm Beach County Lady Bird deed may be part of that planning.

This page provides general information about Florida probate law, not advice about a particular estate. Contacting the firm does not create an attorney-client relationship or confirm acceptance of your matter. Results are not guaranteed.

Reviewed by Jose M. Lorenzo, Jr., Florida Bar No. 107002. Legal information current as of September 2026.

Sources

the Florida Probate Code (chapters 731–735, Florida Statutes, 2026, as amended by ch. 2026-57); the Florida Probate Rules; §§ 409.9101, 553.899, 655.933, 655.936, 718.112, 718.116 and 744.301, Florida Statutes; Fifteenth Judicial Circuit Administrative Order 6.201 and probate checklists; the Palm Beach County Clerk of the Circuit Court & Comptroller probate fee schedule.

Attorney Jose M. Lorenzo, Jr. beside the Lorenzo Law logo

Jose M. Lorenzo, Jr.

Our Promise To You

At Lorenzo Law, we approach every case with honor, integrity, and genuine care. We provide premier legal service while guiding you through the process clearly and simply, so you can focus on what matters most.

Talk With Us: (305) 224-6811

Article Categories

  • Blog
  • Deeds & Property
  • Disputes
  • Estate Planning
  • Guardianship
  • Probate
  • Trusts

Recent Posts

  • Florida Probate Rules and Deadlines: The Complete 2026 Calendar
  • Adding or Removing a Name on a Florida Deed
  • Do You Inherit Debt in Florida?
  • Inherited a Collection in Florida Probate? Cards, Coins and Watches — and Why Nobody Knows What They’re Worth
  • Florida Probate Questions People Are Too Embarrassed to Ask a Lawyer
Link to: Contact Us

Questions? Feel free to contact us.

Lorenzo Law is ready to answer your questions or concerns. Feel free to contact us at your earliest convenience and make sure to call us in an emergency.

Lorenzo Law

Principal office: Kissimmee, Florida

Jose M. Lorenzo, Jr. also meets clients by appointment in Coral Gables and Fort Lauderdale.

Oficina principal: Kissimmee, Florida

Jose M. Lorenzo, Jr. también atiende a clientes con cita previa en Coral Gables y Fort Lauderdale.

Coral Gables — by appointment2850 Douglas Rd, Suite 303
Coral Gables, FL 33134
Call (305) 224-6811
Coral Gables — con cita previa2850 Douglas Rd, Suite 303
Coral Gables, FL 33134
Llame al (305) 224-6811
Fort Lauderdale — by appointment12 SE 7th St, Suite 701
Fort Lauderdale, FL 33301
Call (954) 371-0402
Fort Lauderdale — con cita previa12 SE 7th St, Suite 701
Fort Lauderdale, FL 33301
Llame al (954) 371-0402

Contact Lorenzo Law · jml@lorenzolaw.com

Consultations in English and Spanish.

jml@lorenzolaw.com

Consultas en inglés y español.

We provide legal services throughout Florida including those in the following localities: Miami-Dade County including Aventura, Bal Harbour, Brickell, Coconut Grove, Coral Gables, Coral Way, Cutler Bay, Doral, Downtown Miami, Florida City, Fontainebleau, Hialeah, Homestead, Kendall, Key Biscayne, Liberty City, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores, Miami Springs, North Miami, North Miami Beach, Opa-locka, Overtown, Palmetto Bay, Pinecrest, South Miami, Sunny Isles Beach, Surfside, Tamiami, The Hammocks, West Miami, and Westchester; Broward County including Fort Lauderdale, Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Hallandale Beach, Hollywood, Lauderhill, Lighthouse Point, Margate, North Lauderdale, Oakland Park, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac, Weston, and Wilton Manors; Palm Beach County including West Palm Beach, Boca Raton, Boynton Beach, and Delray Beach; Orange County including Orlando, Apopka, Bay Lake, Belle Isle, Edgewood, Lake Buena Vista, Maitland, Ocoee, Winter Garden, Winter Park, Eatonville, Oakland, and Windermere; Osceola County including Kissimmee and Celebration; Duval County including Jacksonville, Jacksonville Beach, Atlantic Beach, and Neptune Beach; Hillsborough County including Tampa; Pinellas County including St. Petersburg and Gulfport; Okaloosa County including Fort Walton Beach; and Sumter, Lake, and Marion Counties including The Villages.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Lorenzo Law and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

About Us | Contact Us | The Firm | Resources

Scroll to top