A Palm Beach County probate lawyer files a county resident’s estate in the Fifteenth Judicial Circuit — and as of 1 July 2026 that job changed for a large number of families. The ceiling for Florida’s fast-track summary administration doubled from $75,000 to $150,000, so an estate that would have required a full formal administration last spring can often now be closed in weeks.
Jose M. Lorenzo, Jr. handles Florida probate and estate administration in English and Spanish, including estates filed in Palm Beach County — West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Wellington and Palm Beach Gardens. Free consultation.
Find out which track your estate qualifies for. (305) 224-6811 — free consultation, English or Spanish.
Jump to: What changed in July 2026 · Where probate is filed · Summary or formal? · Who can serve as personal representative · What it costs · How long it takes · Deadlines that matter · What the family keeps · What is different in Palm Beach County · FAQ
What changed in Florida probate on July 1, 2026?
The summary administration limit doubled. Chapter 2026-57, Laws of Florida, amended §735.201 so that the ceiling is now $150,000 rather than $75,000. The statute now reads:
That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $150,000 or that the decedent has been dead for more than 2 years.
Two things about that sentence do most of the work, and most summaries of the change miss both.
- It is not the size of the estate. It is the size of the estate subject to administration in Florida, after subtracting property exempt from creditors’ claims. Protected homestead comes out of the calculation. A Boca Raton house worth $900,000 that qualifies as homestead, plus $130,000 in a bank account, is a $130,000 estate for this purpose — and now fits inside summary administration. Under the old ceiling it did not.
- The two-year alternative has no dollar limit at all. If the decedent has been dead more than two years, summary administration is available whatever the estate is worth. That route is unchanged and widely overlooked.
If you were told in 2024 or 2025 that an estate was too large for the simplified process, it is worth having that answered again.
Which estates does the new limit apply to? The amendment took effect 1 July 2026 and contains no language restricting it to decedents who died on or after that date, so it is generally applied to petitions filed on or after 1 July 2026 whatever the date of death. Because the change is new, this is worth confirming for a specific estate rather than assumed.
What is probate, and when is it required in Palm Beach County?
Probate is required when someone dies owning assets in their sole name with no surviving co-owner and no named beneficiary. It is the court process that moves legal title from a person who has died to the people entitled to it, after debts and taxes are dealt with.
You probably need probate if the decedent owned:
- Real property in Palm Beach County held in their name alone, or as tenants in common
- A bank or brokerage account with no payable-on-death or transfer-on-death beneficiary
- A vehicle, boat or other titled property in their name alone
- A claim — including a wrongful death claim, which can only be brought by a court-appointed personal representative
You probably do not, if everything passed another way:
- Assets titled in a funded revocable living trust
- Property held as tenants by the entirety (married couples) or as joint tenants with right of survivorship
- Accounts with a valid POD or TOD designation, and retirement accounts and life insurance with a living named beneficiary
- Real property transferred by an enhanced life estate — a Lady Bird deed
A common misunderstanding is worth stating plainly: a will does not avoid probate. A will is the instruction the probate court follows. It decides who receives the property, not whether a court is involved.
Where is probate filed in Palm Beach County?
In the Fifteenth Judicial Circuit, if the decedent was domiciled in Palm Beach County at death — regardless of where they actually died. The Probate Division sits at three courthouses:
| Courthouse | Address | Serves |
|---|---|---|
| Main Judicial Center | 205 N. Dixie Highway, West Palm Beach, FL 33401 | Central county, including West Palm Beach, Wellington, Royal Palm Beach, Riviera Beach, Lake Worth Beach |
| South County | 200 W. Atlantic Avenue, Delray Beach, FL 33444 | Boca Raton, Delray Beach, Boynton Beach, Highland Beach |
| North County | 3188 PGA Boulevard, Palm Beach Gardens, FL 33410 | Jupiter, Palm Beach Gardens, Tequesta, Juno Beach, North Palm Beach |
Two local practices matter more here than in most circuits, and neither is obvious from the statutes:
- The circuit publishes its own approved checklists for each type of probate filing, and expects them to be used. Filing without the current checklist is a common cause of a rejected or delayed petition.
- Proposed orders are uploaded through the circuit’s Online Services system, not filed with the Clerk. Sending a proposed order to the Clerk instead is one of the more frequent reasons a routine matter sits unsigned for weeks.
Documents themselves are filed through the statewide Florida Courts E-Filing Portal. Our county-by-county walkthrough is here: Palm Beach County probate court.
One current practice worth knowing before you post anything: the circuit’s ex parte docket is suspended until further notice. Original documents — the will, any codicil, the death certificate — are mailed or sent overnight to the Probate Department at the relevant courthouse, with a self-addressed stamped envelope if you need certified copies back. Given that §732.901 gives the custodian of a will only ten days to deposit it, that is worth knowing on day one rather than day nine.
Summary or formal administration — which one applies?
Florida has four routes, not two, and picking the right one is most of the value a lawyer adds in an uncontested estate. Choosing formal administration when summary would do costs a family months and thousands of dollars.
| Summary Administration | Formal Administration | |
|---|---|---|
| Qualifies when | The Florida estate subject to administration, less property exempt from creditors’ claims, does not exceed $150,000 — or the decedent has been dead more than 2 years, whatever the value (§735.201) | Everything else — and any estate where someone needs authority to act: sell property, run a business, pursue a lawsuit, deal with unknown creditors |
| Who is put in charge | Nobody. The court enters an Order of Summary Administration that transfers the assets directly to the people entitled to them | A personal representative, who receives Letters of Administration — the document banks and title companies actually ask for |
| Creditors | Not “none.” Before the order is entered the petitioner must make a diligent search and reasonable inquiry for known or reasonably ascertainable creditors, serve the petition on them, and provide for payment out of available assets (§735.206(2)). Publishing notice is optional, but doing it bars unknown creditors 3 months after first publication (§735.2063) | Notice to creditors is published and served. Claims are barred 3 months after first publication, or 30 days after service on a known creditor, whichever is later (§733.702) |
| Typical duration | Roughly 4 to 8 weeks uncontested | Roughly 6 to 12 months uncontested; longer if property must be sold or claims are disputed |
| Lawyer required? | Not by Rule 5.030, which applies to personal representatives — and summary administration has none. In practice the petition is technical and the diligent-search duty is real | Yes, with two narrow exceptions (below) |
Regardless of which route is used, §735.206(4)(f) cuts off liability two years after death: after that point neither the estate nor the people who received it are liable on a claim against the decedent unless enforcement proceedings were already begun.
Disposition of personal property without administration
The cheapest route, and the one most families are never told about. Under §735.301 no administration is required at all where the decedent left only exempt personal property plus non-exempt personal property that does not exceed the sum of preferred funeral expenses and reasonable and necessary medical expenses from the last 60 days of the final illness. There is no fixed dollar ceiling — the limit floats with those bills. It is applied for by informal affidavit rather than a petition, and there is no personal representative.
It does not reach real property. If there is a house, this is not the route.
The new intestate route created in 2026
Chapter 2026-57 also created a new §735.304, effective 1 July 2026, for intestate estates. It permits disposition without administration where the decedent died without a will, has been dead more than one year, and left non-exempt personal property within a $20,000 limit, in addition to funeral and last-illness medical expenses. This is brand new, almost nobody has written about it, and for the right small intestate estate it is faster and cheaper than anything that existed before.
Ancillary administration
If the decedent lived somewhere else — New York, New Jersey, Ontario, São Paulo — but owned real property in Jupiter, Boca Raton or Palm Beach, a Florida proceeding is still required to transfer that land, even where a primary estate is already open in the home state. §734.102 governs it. See Florida ancillary probate.
Who can serve as personal representative?
This is the question that derails more Palm Beach estates than any other, because so many families here are split between Florida and somewhere else.
Can someone who lives out of state serve?
Only if they are related to the decedent. §733.304 permits a non-Florida resident to serve only where they are:
- A legally adopted child or adoptive parent of the decedent
- Related by lineal consanguinity — parent, grandparent, child, grandchild
- A spouse, brother, sister, uncle, aunt, nephew or niece of the decedent, or someone related by lineal consanguinity to any of those
- The spouse of anyone otherwise qualified above
A close friend, a business partner, an accountant or a step-child who lives out of state cannot serve, no matter what the will says. Wills drafted in another state routinely name exactly those people. The discovery usually comes at the worst possible moment.
Who has priority when there is no nomination, or the nominee cannot serve?
| Order | If there is a will (§733.301(1)(a)) | If there is no will (§733.301(1)(b)) |
|---|---|---|
| 1 | The personal representative nominated in the will | The surviving spouse |
| 2 | The person selected by a majority in interest of those entitled to the estate | The person selected by a majority in interest of the heirs |
| 3 | A devisee under the will (the court may select if more than one applies) | The heir nearest in degree (the court may select among equals) |
Contests here usually turn on the majority-in-interest calculation, on qualification under §733.304, or on a conflict — where the proposed representative is also the person accused of taking assets before death.
What happens while the family is still arguing?
The estate is not left unattended. Under §733.501 the court may appoint a curator — a temporary fiduciary who takes charge of and preserves the assets until letters issue. This section was also amended effective 1 July 2026. Two changes matter: the threshold for appointing a curator without notice dropped from “great danger” that property will be wasted, destroyed or removed to “significant danger,” which is a materially easier standard to meet; and curators must now post a reasonable bond in an amount set by the court unless the court waives it (banks and trust companies excepted).
A curator cannot distribute the estate. It buys time and stops the bleeding — which, where someone is emptying accounts or stripping a house, is the whole point.
Do you actually need a lawyer for Palm Beach County probate?
In formal administration, yes — with two exceptions, and they are narrower than people hope. Florida Probate Rule 5.030(a) requires a personal representative to be represented by an attorney admitted in Florida, unless:
- The personal representative remains the sole interested person in the estate — sole beneficiary, no other heirs, and no creditors with a stake; or
- The personal representative is a member of The Florida Bar, in which case they may represent themselves.
Everyone else needs counsel. Note what the first exception actually requires: not “I am the main beneficiary,” but that nobody else has an interest. A single sibling who inherits nothing under the will is still an interested person.
The exception is worth taking seriously when it applies. An only child inheriting a modest estate from an unmarried parent may genuinely be able to proceed alone. Most people who think they qualify do not.
What does probate cost in Palm Beach County?
Three separate things, and they are usually run together in a way that makes the total sound worse than it is.
Court and publication costs
Filing fees are set by statute at §28.2401 and collected by the Clerk of the Circuit Court & Comptroller. What you pay depends on which route the estate takes:
| Filing | Statutory fee |
|---|---|
| Formal administration — also ancillary administration, curatorship and guardianship of the person and property | $395 |
| Summary administration, estate valued at $1,000 or more | $340 |
| Summary administration, estate under $1,000 | $230 |
| Disposition of personal property without administration | $230 |
| Opening an estate; admitting a foreign will | $230 |
| Caveat | $40 statutory — the Palm Beach County Clerk lists $41 |
| Exemplified certificate | $7 |
An additional $4 service charge applies to petitions for summary, formal and ancillary administration, guardianship, curatorship and conservatorship — which is where the familiar “about $400 to open a formal administration” figure comes from.
On top of the filing fee sit two other real costs. Publication of the notice to creditors, which §733.2121 requires to run once a week for two consecutive weeks in a newspaper published in the county of administration — the rate varies by paper. And certified copies of the Letters of Administration, which the Palm Beach County Clerk charges at $1 per page plus $2 per certified document. You will need several: every bank, brokerage and title company will want its own.
Filing a statement of claim carries no fee.
Attorney’s fees
§733.6171 sets a fee that is presumed reasonable for ordinary services in formal administration. It is a ladder, not a flat percentage — and the widely repeated claim that Florida probate “costs 3%” is wrong for most estates:
| Compensable value of the estate | Presumed reasonable fee for ordinary services |
|---|---|
| $40,000 or less | $1,500 |
| $40,000 – $70,000 | add $750 |
| $70,000 – $100,000 | add $750 |
| $100,000 – $1,000,000 | 3% of the amount over $100,000 |
| $1,000,000 – $3,000,000 | 2.5% of that band |
| $3,000,000 – $5,000,000 | 2% of that band |
| $5,000,000 – $10,000,000 | 1.5% of that band |
| Over $10,000,000 | 1% of the excess |
So a $500,000 estate is not “3% of $500,000.” The first $100,000 carries $3,000 in flat fees, and only the remaining $400,000 is charged at 3%. Extraordinary services — selling real property, litigation, a contested claim, tax proceedings — are separately compensable.
The statutory schedule is a presumption, not a requirement. A fee can be agreed at less, and for straightforward estates frequently should be.
How this office charges
A flat fee wherever the matter allows it. Most uncontested estates are predictable enough to price up front, and a family dealing with a death should not also be watching a meter. Where a flat fee does not fit, the alternatives are the statutory schedule above, or hourly billing for the genuinely complex matters — contested administrations, litigation, unusual assets.
Which of the three applies is a conversation, not a policy. The aim in every case is an arrangement that is reasonable for the family and proportionate to the work the estate actually needs. That conversation happens at the free consultation, before you commit to anything.
Who pays
Fees and costs are paid from estate assets, not out of a family member’s pocket in advance. Where an estate has assets but no liquidity, that timing is a real problem and is worth raising at the first conversation.
How long does probate take in Palm Beach County?
Summary administration: roughly 4 to 8 weeks. Formal administration: roughly 6 to 12 months. Both assume nobody is fighting.
The floor on a formal administration is set by the creditor period, not by the lawyer. Claims are barred the later of three months after first publication or 30 days after service on a creditor entitled to direct service, so an estate genuinely cannot close much before the four-to-five month mark. What pushes past twelve months is almost always one of four things: real property that has to be sold, a disputed creditor claim, a will contest, or a beneficiary who will not sign.
What deadlines matter in a Florida estate?
These are the ones that cause real damage when missed. Nothing on this list can be fixed after the fact by explaining that nobody knew.
| Deadline | What it is | Authority |
|---|---|---|
| 10 days | The custodian of the original will must deposit it with the clerk of the court having venue, after receiving information that the testator has died | §732.901 |
| 60 days from issuance of Letters | The personal representative must file the inventory. Note: the deadline is in the rule, not the statute | Fla. Prob. R. 5.340(a) |
| 3 months from first publication | Creditors are barred — or 30 days after service on a creditor entitled to direct notice, whichever is later | §733.702 |
| 3 months from service of the notice of administration | Window to object to the validity of the will, to venue, or to the court’s jurisdiction | §733.212 |
| 6 months from death | Surviving spouse’s election to take an undivided one-half interest in the homestead as tenant in common instead of a life estate. This deadline cannot be extended except in narrow circumstances involving a guardian or attorney-in-fact | §732.401(2) |
| Earlier of 6 months / 2 years | Elective share: filed within 6 months of service of the notice of administration on the surviving spouse, or 2 years after death, whichever comes first | §732.2135 |
| 2 years from death | Absolute bar on creditor claims, whether or not letters ever issued — narrow exceptions for previously filed unpaid claims and recorded mortgages and liens | §733.710 |
| 2 years from death | In a summary administration, liability of the estate and of those who received it ends, unless enforcement proceedings were already begun | §735.206(4)(f) |
What does the family keep, no matter what the creditors say?
This is the part of Florida law that surprises people from other states, and in Palm Beach County it is frequently the difference between an estate that is solvent and one that is not.
Protected homestead
The Florida Constitution, at Art. X, §4, shields the decedent’s homestead from most creditor claims, and §732.401 governs who takes it. The protection is not automatic paperwork — a petition to determine homestead status has to be filed and an order entered, and until that happens a title company will not insure a sale.
Where there is a surviving spouse and lineal descendants, the default is a life estate in the spouse with a vested remainder in the descendants. The spouse may instead elect an undivided one-half interest as tenant in common, within six months of death. That election is irrevocable and the deadline is hard. It is the right choice more often than it is made, because a life estate leaves the surviving spouse carrying taxes, insurance and upkeep on a house they cannot sell without everyone’s cooperation.
Exempt property
Under §732.402, the surviving spouse or children take, free of creditor claims: household furniture, furnishings and appliances in the decedent’s usual residence up to $20,000 in net value as of the date of death, and two motor vehicles regularly used by the decedent or the immediate family, each under 15,000 pounds gross vehicle weight. Certain qualified tuition program funds and specified death benefits are also exempt.
Family allowance
§732.403 allows the court to award up to $18,000 in total, out of the estate, for the maintenance of the surviving spouse and dependent lineal heirs while the administration runs. It is not charged against their eventual share unless the will says so.
The elective share
A surviving spouse in Florida cannot be disinherited. §732.2065 gives them 30 percent of the elective estate — a figure built from far more than the probate assets, reaching revocable trusts, jointly held property, POD accounts and certain lifetime transfers. In a county with as many second and third marriages as this one, the elective share decides the shape of the estate more often than the will does. See the Florida elective share.
Together, these four are why an estate that looks insolvent on paper often is not. Exempt property, the family allowance and protected homestead all come out before the creditors are paid — and homestead comes out of the summary administration calculation too, which is what makes the new $150,000 ceiling reach so much further than it appears to.
What if the decedent lived out of state, or was not a U.S. citizen?
Palm Beach County has more of these estates than almost anywhere in Florida, and they are the ones most often handled badly.
A Northern resident with a condo here
The home state opens the main estate. Florida still requires ancillary administration under §734.102 to transfer the Florida real property. Priority for ancillary letters runs to a personal representative specifically designated in the will to administer the Florida property, then the foreign personal representative if qualified to act here, then a qualified alternate or successor named in the will, then a representative selected by those holding a majority interest in the Florida property.
Without it, the property cannot be sold or insured. Families routinely discover this at a closing.
A foreign national who owned property here
The Florida proceeding works much the same way, but the tax picture does not. A non-resident, non-citizen decedent faces a very different federal estate tax exposure on U.S.-situs assets than a U.S. citizen does, and the threshold is far lower than most families expect. See ancillary administration and non-citizen estate tax, and in Spanish, herencia en Florida para extranjeros.
The family is abroad or scattered
Rarely an obstacle. Probate runs largely on filings, and most hearings in Florida circuits are held remotely. What does matter is §733.304 — whether the person the family wants to appoint is legally able to serve.
What is different about probate in Palm Beach County?
The statutes are the same in all 67 counties. What changes here is the asset mix, and it produces problems that do not come up in most Florida estates.
- Condominium and HOA assessments keep accruing. A unit in Boca Raton or Highland Beach continues to generate monthly assessments while it sits in probate, and the association can lien and ultimately foreclose. A vacant unit also raises insurance questions. This is a reason to move rather than wait, and it is the most common way a solvent estate quietly loses value.
- Country club equity memberships. Refundable membership deposits at equity clubs across Boca, Delray, Wellington and Palm Beach Gardens are estate assets, often substantial ones, and each club’s documents govern how and when a deposit is refunded on a member’s death — frequently only after a waiting list is cleared. They are missed on inventories constantly.
- Equestrian property in Wellington. Farms, barns, horses and boarding contracts are assets with real value and real carrying costs, and they do not pause.
- Timeshares. Common on the coast, frequently unwanted, and they carry obligations that outlive the owner. See inheriting a Florida timeshare.
- Seasonal residency and domicile disputes. Whether the decedent was domiciled in Florida or in New York, Massachusetts or Ohio determines which state administers the estate and which state taxes it. Where a family split time, that question is genuinely litigable.
What if a beneficiary is a minor?
Above $15,000, a guardianship of the property is required. A natural guardian may receive and manage amounts totalling $15,000 or less on a minor’s behalf, including property distributed from an estate or trust, without appointment or bond. Above that figure, a guardian of the property has to be appointed and the money is supervised by the court until the child turns 18. §744.301(2); §744.387.
This surprises families, and it is worth planning around while there is still time to plan.
Can Medicaid claim against the estate?
Yes, in defined circumstances. Florida’s Medicaid Estate Recovery Act is §409.9101, and it allows the state to file a claim against the estate of a deceased Medicaid recipient for benefits correctly paid. Federal law protects a surviving spouse and certain dependents, and hardship waivers exist. Protected homestead status frequently takes the largest asset out of reach.
What if the family does not agree?
Most estates are uncontested. The ones that are not tend to be about the same handful of things.
- Undue influence — a will or deed signed late in life, favoring the person who was driving to the appointments. See Florida undue influence.
- Capacity — whether the decedent understood what they were signing.
- Execution formalities — a will must be signed by the testator in the presence of two attesting witnesses, who must sign in the presence of the testator and of each other. Get that wrong and the will fails, and the estate passes by intestacy instead.
- A later will surfacing after administration has begun, which must be presented to the court.
- Breach of fiduciary duty by a personal representative or trustee — self-dealing, failure to account, or paying the wrong creditors first. See breach of fiduciary duty and trustee removal.
What is a caveat, and should you file one?
A caveat is a notice filed with the clerk asking the court not to admit a will to probate, or issue letters, without first notifying you. It is the cheapest protective step available to someone who suspects a contest is coming and is not yet in a position to bring one. Interested persons and creditors may file. Filing one costs a fraction of what it costs to unwind an estate that has already been distributed. Contested matters are handled here: West Palm Beach probate litigation · Boca Raton probate litigation.
How do you keep the next estate out of probate?
Probate is avoided by making sure assets do not sit in an individual name at death. Four tools do nearly all the work:
- A funded revocable living trust — funded being the operative word; an unfunded trust avoids nothing.
- A Lady Bird deed (enhanced life estate deed) for Florida real property, which keeps full control during life, preserves homestead and the Save Our Homes cap, and passes the property outside probate.
- Beneficiary designations kept current on retirement accounts, life insurance, and POD/TOD accounts — the most common failure point, because they are set once and never revisited after a divorce or a death.
- Titling — tenancy by the entirety for married couples, joint tenancy with right of survivorship where appropriate.
None of this eliminates the need for a will. It changes what the will has to do. See Florida estate planning.
What do you need for a first consultation?
- A certified copy of the death certificate
- The original will, if one exists — and a note of where it is if you do not have it
- The address of any Florida real property, and how title is held
- A rough list of accounts, and whether any has a named beneficiary
- Known debts — mortgage, credit cards, medical bills, association assessments
- Names, addresses and relationships of the surviving spouse, children and other heirs, and which of them live outside Florida
- Whether the decedent received Medicaid
Frequently asked questions about Palm Beach County probate
Did Florida change the probate limit in 2026?
Yes. Effective 1 July 2026, Chapter 2026-57, Laws of Florida, doubled the summary administration ceiling in §735.201 from $75,000 to $150,000. The same act created a new §735.304 for small intestate estates. Much of the guidance still online reflects the old $75,000 figure.
Does the $150,000 limit apply if my relative died before July 1, 2026?
The amendment took effect 1 July 2026 and contains no language limiting it to later deaths, so it is generally applied to petitions filed on or after that date whatever the date of death. Because the change is only weeks old, confirm it for the specific estate rather than assuming.
Does the value of the house count toward the $150,000?
Not if it is protected homestead. §735.201 measures the estate subject to administration in Florida less the value of property exempt from the claims of creditors, and protected homestead is exempt. That is why estates with a large Palm Beach County house and modest liquid assets often qualify.
Where is probate filed in Palm Beach County?
In the Fifteenth Judicial Circuit, if the decedent was domiciled in the county at death. The Probate Division sits at the Main Judicial Center in West Palm Beach (205 N. Dixie Highway), the South County Courthouse in Delray Beach, and the North County Courthouse in Palm Beach Gardens. Documents are filed through the Florida Courts E-Filing Portal; proposed orders go through the circuit’s Online Services system rather than to the Clerk.
Can a relative who lives out of state serve as personal representative?
Only if they are related to the decedent in one of the ways §733.304 lists — adopted child or adoptive parent, lineal consanguinity, or spouse, sibling, uncle, aunt, nephew or niece (or someone related by lineal consanguinity to one of those), or the spouse of anyone otherwise qualified. A friend, business partner or unrelated professional living out of state cannot serve, even if the will names them.
How much does a probate lawyer cost in Palm Beach County?
§733.6171 sets a presumptively reasonable fee for ordinary services: $1,500 for estates up to $40,000, rising by $750 at $70,000 and again at $100,000, then 3% of the value between $100,000 and $1,000,000, and lower percentages above that. It is a presumption, not a floor — a lower fee can be agreed, and for simple estates often is.
Who has priority to be appointed personal representative?
With a will: the person nominated in it, then someone selected by a majority in interest of those entitled to the estate, then a devisee. Without a will: the surviving spouse, then someone selected by a majority in interest of the heirs, then the heir nearest in degree. §733.301.
How long does the personal representative have to file the inventory?
Sixty days after Letters of Administration are issued, under Florida Probate Rule 5.340(a). The court can extend it for cause. The deadline is in the rule rather than in §733.604, which sets out only what the inventory must contain.
Who pays the condo or HOA assessments while a unit is in probate?
The estate does, out of estate funds, and they keep accruing from the date of death. An association can lien the unit and ultimately foreclose. Where an estate is short of cash, this is one of the strongest arguments for opening promptly rather than waiting.
What is a caveat and who can file one?
A notice filed with the Clerk asking the court not to admit a will to probate or issue letters without notifying you first. Interested persons and creditors may file. It is the standard first move where a contest is anticipated but not yet ripe.
Can I sell my mother’s house in Boca Raton before probate is finished?
Not without authority. A title company will require Letters of Administration — and where the property is homestead, an order determining homestead status — before it will insure the transaction. In a summary administration the Order of Summary Administration serves the equivalent function.
Does a power of attorney still work after death?
No. A power of attorney terminates on the principal’s death. From that moment authority over the decedent’s assets comes only from the probate court.
What happens if there is no will?
The estate passes by intestate succession under Chapter 732 — to the surviving spouse and descendants in shares the statute fixes, and outward to more distant relatives if there are none. It does not go to the State of Florida unless no heir at all can be found. If the decedent died intestate, has been dead more than a year, and left only modest personal property, the new §735.304 route may avoid administration entirely.
My father was a Canadian citizen with a condo in Palm Beach. What do we file?
Ancillary administration under §734.102 to transfer the Florida property, alongside whatever proceeding is opened at home. The federal estate tax treatment of a non-resident, non-citizen decedent’s U.S. assets is materially different and should be looked at before anything is transferred.
What is the two-year rule?
Two separate things, and both matter. Summary administration is available with no dollar limit at all once the decedent has been dead more than two years (§735.201). Separately, §733.710 bars creditor claims absolutely two years after death, whether or not an estate was ever opened. Together they make an old, never-administered estate far simpler than families expect.
Do I need a lawyer if I am the only beneficiary?
Possibly not. Rule 5.030(a) excepts a personal representative who remains the sole interested person in the estate, and a personal representative who is a Florida attorney. Sole interested person means nobody else has a stake — not merely that you inherit most of it.
Palm Beach County communities served
Estates for Palm Beach County residents are administered through the Fifteenth Judicial Circuit. Pages for individual communities:
West Palm Beach · Boca Raton · Delray Beach · Boynton Beach — and Jupiter, Palm Beach Gardens, Wellington, Lake Worth Beach, Royal Palm Beach, Palm Beach, Riviera Beach, Greenacres, Tequesta, Juno Beach, North Palm Beach, Highland Beach, Manalapan and Belle Glade.
En español: West Palm Beach · Boca Raton · Delray Beach · Lake Worth · abogado de herencias en Florida.
Neighboring counties: Broward County · Miami-Dade County · South Florida. Estates are opened in all 67 Florida counties — see the full service area list.
Who handles these cases
- Jose M. Lorenzo, Jr., Florida Bar No. 107002 — verifiable free in The Florida Bar’s member directory.
- Practice concentrated in Florida probate, estate administration and estate litigation.
- English and Spanish, in all 67 Florida counties, including estates filed in the Fifteenth Judicial Circuit.
Find out which track your estate qualifies for — the answer changed in July 2026. Jose M. Lorenzo, Jr., (305) 224-6811. Free consultation in English or Spanish, or write from the contact page.
Related: Palm Beach County probate court · how to become personal representative · Florida homestead in probate · out-of-state executor · family allowance · elective share · the Florida probate guide · summary administration explained.
This page offers general information about Florida law and does not constitute legal advice for a specific case. Reading it does not create an attorney-client relationship. Every estate turns on its own facts, and the law changes — as it did on 1 July 2026.
Statutes, rules and dollar figures reviewed by Jose M. Lorenzo, Jr. on 23 August 2026.