Fort Lauderdale Probate Attorney
I am a Fort Lauderdale probate attorney, and I handle Broward County estates from the first filing to the final distribution. Most estates here take one of two routes: summary administration, available up to $150,000 since 1 July 2026, or formal administration. Both are filed with the Seventeenth Judicial Circuit’s Probate and Guardianship Division. Fla. Stat. § 735.201.
My Fort Lauderdale office is at 12 SE 7th Street, Suite 701, in Courthouse Place — a few minutes from the courthouse. Call me directly on (954) 371-0402 for a free, no-obligation call about where your estate stands.
Where Fort Lauderdale probate cases are filed: the Broward County probate court
Probate for Broward County is filed with the Probate and Guardianship Division of Florida’s Seventeenth Judicial Circuit, in the Central Courthouse, West Building, 201 SE 6th Street, Room 03150, Fort Lauderdale. Unusually, one division handles both probate and guardianship. Three circuit judges sit in divisions 60J, 61J and 62J. Filings go through the statewide Florida Courts E-Filing Portal, not over the counter.
| Court | Probate and Guardianship Division, Seventeenth Judicial Circuit of Florida |
|---|---|
| Courthouse | Central Courthouse, Judicial Complex — West Building |
| Address | 201 SE 6th Street, Room 03150 (3rd floor), Fort Lauderdale, FL 33301 |
| Clerk’s probate phone | (954) 831-7154 |
| Counter hours | Monday–Friday, 8:00 a.m. – 3:30 p.m. |
| Divisions | 60J · 61J · 62J — three circuit judges, each with a standing Zoom ID |
| Uncontested matters | Court Management System (CMS), per Administrative Order 2021-49-PRC — no hearing needed |
| Everything else | Motion calendar and special-set hearings, mostly by Zoom |
For the full filing walkthrough — forms, deadlines, judges and Zoom procedure — see my Broward County probate court guide. For cities across the county outside Fort Lauderdale itself, see my Broward County probate lawyer page.
Summary administration vs. formal administration: which one does your estate need?
Summary administration is the shorter route. It is available where the Florida estate subject to administration — after subtracting protected homestead and other property exempt from creditors’ claims — is worth $150,000 or less, or where the person died more than two years ago, whatever the estate is worth. Everything else takes formal administration. Fla. Stat. § 735.201.
The $150,000 threshold changed on 1 July 2026
The ceiling for summary administration was $75,000 until 1 July 2026. On 29 April 2026 the Governor approved CS/HB 1337, now Chapter 2026-57, Laws of Florida, which doubled it to $150,000. Most published guidance online — including a good deal of it written by Florida law firms — still quotes the old figure. If you were told last year that your family’s estate was too large for the short route, that answer is worth revisiting — the act carries no applicability clause, so where an estate falls between $75,000 and $150,000 the question is worth putting to the court rather than assumed away.
Two points that matter more than the number itself:
- It is not the gross estate. The statute measures the estate subject to administration in Florida, less property exempt from creditors’ claims. Protected homestead does not count. A Fort Lauderdale condo worth $600,000 that qualifies as protected homestead, plus $120,000 in a bank account, can still fall under the ceiling. See Florida homestead in probate.
- The two-year rule is a separate door. If the person died more than two years ago, summary administration is available no matter what the estate is worth.
| Summary administration | Formal administration | |
|---|---|---|
| Threshold | Florida estate subject to administration, less exempt property, of $150,000 or less — or death more than 2 years ago (§ 735.201) | Above $150,000, or wherever someone needs court authority to act |
| Typical duration | 4–8 weeks | 6–12 months |
| Personal representative | None appointed. The court enters an Order of Summary Administration | Required. The court issues Letters of Administration (§ 733.103) |
| Creditors | Diligent search and service on reasonably ascertainable creditors required before the order is entered (§ 735.206(2)). Publication is optional and bars unknown creditors 3 months after first publication (§ 735.2063) | Notice to Creditors published. Claims barred 3 months after first publication, or 30 days after service, whichever is later (§ 733.702) |
| Clerk’s filing fee | $346 (estate $1,000 or more) · $236 (under $1,000) | $401 |
| Best when | Small or older estates, homestead-heavy estates, a clean creditor picture, heirs who agree | Real property to sell, unknown debts, a business interest, litigation, or heirs who disagree |
Some estates need neither, because the assets pass outside probate entirely — see Florida non-probate assets and when probate is not necessary. A third, even smaller route, Disposition of Personal Property Without Administration (§ 735.301), costs $232 to file and applies to a narrow set of estates with no real property.
How much does probate cost in Fort Lauderdale?
Probate costs come from three places: the Broward Clerk’s filing fee ($401 formal, $346 summary), newspaper publication of the Notice to Creditors, and professional fees. The estate pays all of it, not you personally. Florida sets a presumed reasonable attorney’s fee by statute — for a $500,000 estate that is $15,000. Fla. Stat. § 733.6171.
Who pays probate attorney fees in Florida?
The estate does. Attorney’s fees and the personal representative’s compensation are administration expenses, paid from estate assets before anything is distributed to beneficiaries. A family member who steps forward as personal representative is not signing up to pay my bill out of their own pocket. This is the single most common misunderstanding I correct on a first call.
Broward County Clerk filing fees
| Filing | Fee |
|---|---|
| Formal administration | $401 |
| 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 |
| Caveat | $42 |
| Notice of trust | $42 |
The statutory attorney’s fee schedule
Section 733.6171 sets a fee that is presumed reasonable for ordinary services in a formal administration. It is a presumption, not a mandate — it can be varied by written agreement, and it is measured on the inventory value of the probate estate plus income earned during administration.
| Estate value | Presumed reasonable fee |
|---|---|
| $40,000 or less | $1,500 |
| Over $40,000 up to $70,000 | Add $750 |
| Over $70,000 up to $100,000 | Add $750 |
| Over $100,000 up to $1 million | 3% of the next $900,000 |
| Over $1 million up to $3 million | 2.5% |
| Over $3 million up to $5 million | 2% |
| Over $5 million up to $10 million | 1.5% |
| Above $10 million | 1% |
Worked example. A $500,000 Broward estate: $1,500 + $750 + $750 + 3% of $400,000 ($12,000) = $15,000 as the presumed reasonable fee for ordinary services. Extraordinary services — a will contest, selling real property, an estate tax return, litigation — are billed separately under § 733.6171(4).
The personal representative is separately entitled to a commission of 3% of the first $1 million under § 733.617. A family member serving as personal representative very often waives it.
For a fuller breakdown across Florida, see the cost of probate in Florida.
How long does probate take in Broward County?
A summary administration in Broward County typically takes 4 to 8 weeks. A formal administration typically takes 6 to 12 months, because the three-month creditor period cannot be shortened and the estate cannot close until it runs. Contested matters take longer — a will contest routinely adds a year or more.
The dates that actually control the calendar:
| Deadline | Period | Authority |
|---|---|---|
| Deposit the original will with the clerk | 10 days after learning of the death | § 732.901 |
| Creditor claims after first publication | 3 months — or 30 days after service on that creditor, whichever is later | § 733.702 |
| Absolute bar on all claims | 2 years after death | § 733.710 |
| File the inventory | 60 days after Letters are issued | § 733.604 |
| Object to the will’s validity after Notice of Administration | 3 months | § 733.212 |
| Surviving spouse’s elective share election | The earlier of 6 months after service of the notice, or 2 years after death | § 732.2135 |
See also how long probate takes in Florida.
The Florida probate process, step by step
Formal administration in Broward County runs in eight steps, from depositing the will to the order closing the estate. Steps 1 to 3 usually take two to four weeks. Step 5, the creditor period, sets the floor on the whole case at three months from first publication.
- Deposit the original will with the Broward Clerk within 10 days of learning of the death (§ 732.901). Timeframe: immediately.
- File the petition for administration through the Florida Courts E-Filing Portal, with the death certificate and the $401 fee. Timeframe: week 1–2.
- The court appoints the personal representative and issues Letters of Administration, which are the proof of authority a bank will ask to see (§ 733.103). Priority among candidates is set by § 733.301. Timeframe: 2–6 weeks.
- Serve the Notice of Administration on beneficiaries and interested persons, starting their 3-month window to object to the will (§ 733.212). Timeframe: within days of appointment.
- Publish the Notice to Creditors in a Broward newspaper and conduct a diligent search for reasonably ascertainable creditors, serving each one (§ 733.2121). Timeframe: 3 months from first publication.
- File the inventory within 60 days of Letters, listing and valuing every probate asset (§ 733.604). Timeframe: within 60 days.
- Pay valid claims, object to invalid ones, and file tax returns where any are due. Timeframe: months 3–8.
- Distribute and close. Petition for discharge; the court enters the order closing the estate. Timeframe: months 6–12.
A step-by-step walkthrough for the whole state is at the Florida probate process.
What tends to complicate a Broward County estate
Four things slow Broward estates more than anything else: condominium ownership, an out-of-state person named as personal representative, beneficiary designations never updated after a remarriage or divorce, and an elderly parent who needed a guardianship before death and a probate after it.
Condominium and HOA issues
Broward is condominium country, and a unit in probate keeps generating obligations. Assessments continue to accrue while the estate is open, the association can lien the unit, and no sale closes without an estoppel certificate from the association setting out exactly what is owed. Requesting that certificate early — not at the closing table — is the difference between a smooth sale and a delayed one. Where the estate needs to sell, see selling a house during probate.
An out-of-state personal representative
Florida restricts who may serve. A person who does not live in Florida can serve as personal representative only if they are related to the decedent by blood, marriage or adoption (§ 733.304). A trusted friend, accountant or business partner living in New York or New Jersey cannot serve, however clearly the will names them. Families usually discover this after the petition is filed. See serving as an out-of-state executor.
Stale beneficiary designations
Life insurance, IRAs, annuities and payable-on-death accounts pass by their own designation, outside the will and outside probate. A designation naming a former spouse, or a person who died first, is among the most common causes of an avoidable dispute I see in Broward — and the will cannot fix it after the fact.
Guardianship before death, probate after
Broward has a large retiree population, and the two proceedings often arrive in sequence: an adult guardianship while a parent is alive and no longer able to manage their affairs, then a probate once they die. They are separate cases with separate files, but the same family, the same assets and often the same disputes. See Florida adult guardianship and guardianship in South Florida.
Where beneficiaries disagree, or a personal representative is not acting properly, the matter becomes Fort Lauderdale probate litigation.
Myth vs. reality: what Fort Lauderdale families get wrong about probate
| Myth | Reality |
|---|---|
| “Florida will tax my inheritance.” | Florida has levied no estate tax and no inheritance tax since 2005. The federal estate tax applies only to estates above the federal exemption, which is $15 million per person in 2026. The overwhelming majority of Broward estates owe no death tax at all. |
| “The small-estate limit is $75,000.” | It was, until 1 July 2026. Chapter 2026-57 raised it to $150,000 (§ 735.201). Most sources online have not caught up. |
| “Having a will means we avoid probate.” | A will is instructions for probate, not an escape from it. What avoids probate is how an asset is titled: a trust, joint ownership with right of survivorship, or a beneficiary designation. |
| “The estate’s debts become the family’s debts.” | They do not. Heirs do not inherit debt. Valid claims are paid from estate assets; if the estate cannot pay, the claims go unpaid — the family is not personally liable. |
| “We will all have to go to court.” | In an uncontested Broward estate, usually nobody appears. Uncontested matters are decided through the Court Management System without a hearing under AO 2021-49-PRC. |
| “Probate takes years.” | An uncontested formal administration in Broward typically closes in 6 to 12 months; a summary administration in 4 to 8 weeks. Years is what a contested case takes. |
| “The person named in the will automatically serves.” | The court appoints, and the nominee must qualify. A nonresident who is not a relative cannot serve (§ 733.304), and a person convicted of a felony cannot serve (§ 733.303). |
When you can handle Florida probate yourself, and when you need a probate attorney
Florida requires a lawyer for a personal representative in almost every formal administration, with two exceptions: where the personal representative is the sole interested person, and where the personal representative is a Florida-admitted attorney. Fla. Prob. R. 5.030(a).
You may be able to proceed without me
- You are the only interested person — the sole beneficiary and the only one entitled to anything.
- The estate qualifies for Disposition of Personal Property Without Administration (§ 735.301): no real property, and personal property worth no more than the total of funeral expenses and the last 60 days of final illness expenses.
- Everything passed by beneficiary designation, joint titling or a funded trust, so there is nothing to administer at all.
Retain a Fort Lauderdale probate attorney when
- There is more than one beneficiary — which alone puts you outside the Rule 5.030(a) exception.
- The estate owns real property, particularly a condominium with an association behind it.
- You are outside Florida and need to know whether you can serve at all (§ 733.304).
- Anyone has questioned the will, the signature, the decedent’s capacity, or a transfer made shortly before death.
- Creditors are calling, a claim has been filed, or you are unsure whether a debt is enforceable.
- A beneficiary is a minor, or a beneficiary cannot be located.
- The decedent was not a U.S. citizen, or owned property in another state or country.
Not sure which side of that line you are on? That question takes about ten minutes on the phone and costs nothing. Call (954) 371-0402 or send me a message.
What I handle in Broward County
I am a solo practitioner. When you call Lorenzo Law, you speak with me, and I am the lawyer who handles your file from beginning to end.
- Formal and summary probate administration
- Ancillary administration for out-of-state and foreign decedents
- Probate and trust litigation, including will contests and undue influence claims
- Breach of fiduciary duty claims against personal representatives and trustees
- Adult guardianship
- Transferring real property through an estate
- Asset protection
Planning ahead rather than administering an estate? That is a different page: Fort Lauderdale estate planning, wills and living trusts.
¿Prefiere hablar en español? Abogado de herencias y testamentos en Fort Lauderdale.
Frequently asked questions about probate in Fort Lauderdale
How much does probate cost in Florida?
Three costs: the Broward Clerk’s filing fee ($401 for formal administration, $346 for summary administration of an estate worth $1,000 or more), newspaper publication of the Notice to Creditors, and professional fees. Section 733.6171 sets a presumed reasonable attorney’s fee — $1,500 on the first $40,000, $750 more up to $70,000, $750 more up to $100,000, then 3% of the next $900,000. On a $500,000 estate that is $15,000. All of it is paid by the estate.
Do all heirs have to agree to sell property in Florida?
It depends on how the property is held. If the will grants the personal representative a power of sale, the personal representative can sell without heir consent and without a court order (§ 733.613(1)). If the will is silent or there is no will, the personal representative petitions the court for authority to sell; interested persons receive notice and may object, but unanimous consent is not required. Where the property passed directly to the heirs — protected homestead, or real property vesting at death in an intestate estate — the heirs own it as co-tenants and every one of them must sign. If they cannot agree, the remedy is a partition action.
What assets are exempt from probate in Florida?
Assets that pass by their own terms are not probate assets at all: property in a funded living trust, life insurance and annuities with a living named beneficiary, IRAs and 401(k)s with a designation, payable-on-death and transfer-on-death accounts, and property held jointly with right of survivorship. Separately, § 732.402 gives the surviving spouse or children exempt property — household furnishings up to $20,000, two motor vehicles, Florida Prepaid and 529 accounts — which is protected from creditors’ claims and does not count toward the $150,000 summary administration ceiling.
Is homestead property exempt from probate in Florida?
Protected homestead is not counted toward the $150,000 summary administration threshold, because § 735.201 measures the estate less property exempt from the claims of creditors. That is why a Fort Lauderdale family whose main asset is the house often qualifies for the short route even when the property is worth several times the ceiling. The homestead still has to be dealt with — usually by a petition to determine homestead status — but it is shielded from most creditors and passes under § 732.401.
Does Florida have an estate tax or an inheritance tax?
No. Florida has levied neither since 2005, and there is no Florida inheritance tax on what a beneficiary receives. The only death tax that can apply is the federal estate tax, which in 2026 reaches only estates above $15 million per person. The Florida Department of Revenue plays no role in an ordinary Broward estate.
When is probate not necessary in Florida?
Probate is unnecessary when there are no probate assets — everything passed by trust, joint titling or beneficiary designation. It is also avoidable through Disposition of Personal Property Without Administration under § 735.301, where the estate has no real property and the personal property is worth no more than funeral expenses plus the last 60 days of final illness expenses. See Florida non-probate assets.
Who becomes executor if there is no will in Florida?
Florida calls the role personal representative, and § 733.301 sets the order of preference in an intestate estate: first the surviving spouse; then the person selected by a majority in interest of the heirs; then the heir nearest in degree, with the court breaking a tie. The court still has to find the person qualified — a nonresident who is not related by blood, marriage or adoption cannot serve (§ 733.304). See how to become personal representative in Florida.
How long does probate take in Florida?
Summary administration in Broward County typically takes 4 to 8 weeks. Formal administration typically takes 6 to 12 months, because the creditor period runs three months from first publication and the estate cannot close until it ends. A contested case — a will contest, a fiduciary dispute, a fight over a house — commonly adds a year or more.
How long do creditors have to file a claim against an estate?
Three months from the date the Notice to Creditors is first published. A creditor who is served with a copy of the notice has until the later of that three-month date or 30 days after service (§ 733.702). Claims filed late are barred unless the court extends the time, and § 733.710 bars all claims two years after death regardless of whether notice was ever published.
Can I file summary administration in Florida without a lawyer?
Legally, yes in some cases — Rule 5.030(a) requires counsel for a personal representative, and summary administration appoints none. In practice the petition has to be joined or served correctly, creditors have to be searched for diligently and provided for under § 735.206(2), and homestead usually needs its own petition. A defective order of summary administration is discovered years later, when someone tries to sell or refinance, and fixing it then costs far more than filing it properly the first time.
Did Florida change the summary administration limit in 2026?
Yes. CS/HB 1337, approved on 29 April 2026 and enacted as Chapter 2026-57, Laws of Florida, doubled the summary administration ceiling from $75,000 to $150,000 effective 1 July 2026 (§ 735.201). Most online guidance still quotes $75,000.
Does the new $150,000 limit apply if my relative died before 1 July 2026?
Chapter 2026-57 took effect on 1 July 2026 and contains no applicability clause — section 14 says only that the act takes effect on that date. Because it is silent, judicial divisions can differ on whether eligibility is measured at the date of filing or the date of death. Any estate with countable assets between $75,000 and $150,000 should therefore be evaluated now rather than assumed to be ineligible. Bring me the date of death and the asset inventory and I will confirm whether summary administration is available.
Where is probate filed in Broward County?
With the Probate and Guardianship Division of the Seventeenth Judicial Circuit, in the Central Courthouse, West Building, 201 SE 6th Street, Room 03150, Fort Lauderdale. Filings are submitted through the statewide Florida Courts E-Filing Portal. Three circuit judges sit in divisions 60J, 61J and 62J. Full detail is in my Broward County probate court guide.
Talk to a Fort Lauderdale probate attorney
Every probate matter is different, and most of the questions above have a different answer once I know the date of death, what the assets are and how they are titled. A short call tells you which route your estate takes, what it will cost and what your deadlines are — at no charge.
Call (954) 371-0402 · Send a message · jml@lorenzolaw.com
Lorenzo Law
12 SE 7th Street, Suite 701
Fort Lauderdale, FL 33301 (Courthouse Place)
About Jose M. Lorenzo, Jr.
I am a Florida attorney, admitted 4 October 2013, Florida Bar No. 107002, and a member in good standing with no disciplinary history. I earned my J.D. at Florida International University College of Law in 2013 and served as a judicial clerk in the Probate Division of Florida’s Eleventh Judicial Circuit. I am admitted in Florida state courts and the U.S. District Court for the Southern District of Florida, and I practice probate, guardianship and estate litigation across Miami-Dade, Broward and Palm Beach counties. I am a solo practitioner — the lawyer you speak to is the lawyer who handles your case. Verify my Florida Bar record. Se habla español.
This page is general information about Florida probate law, not legal advice, and reading it does not create an attorney-client relationship. Statutory figures are current as of 23 August 2026; filing fees are set by the Broward Clerk of Courts and change from time to time.