South Florida Probate Attorney: A Probate and Estate Guide from a Trusted South Florida Probate Lawyer

A South Florida probate lawyer can help families navigate the complex legal process that begins after a loved one passes away. A South Florida probate attorney provides the guidance needed to properly administer an estate, comply with Florida probate law, and ensure that beneficiaries receive their rightful inheritance.

Whether you need a probate attorney Miami Dade, experienced probate lawyers in Miami Florida, a trusted probate attorney Fort Lauderdale, a knowledgeable probate attorney West Palm Beach, or a skilled probate attorney Broward County, working with the right legal professional can make the probate process more efficient and far less stressful.

An experienced Florida probate lawyer can assist with estate administration, personal representative duties, creditor claims, probate litigation, and the transfer of assets through the Florida probate court system.

A knowledgeable South Florida probate lawyer understands the procedures followed by local probate courts and can guide families through each stage of the process.

Whether you are searching for a probate lawyer Miami, a trusted probate attorney Fort Lauderdale, or a reliable probate attorney West Palm Beach, experienced legal guidance can help ensure the estate is administered properly and efficiently.

What Is Probate in Florida? Your South Florida Probate Attorney Explains

Probate is the court-supervised legal process of validating a deceased person’s will, settling debts, and distributing assets to rightful heirs and beneficiaries under the Florida Probate Code (Chapters 731–735, Florida Statutes). In South Florida, this process is administered through the circuit courts of Miami-Dade, Broward, and Palm Beach counties.

If you are asking “what is probate in Florida,” you are not alone. Every year, thousands of South Florida families face the probate process for the first time, often after losing a loved one unexpectedly.

At Lorenzo Law, we serve as a trusted South Florida probate attorney and South Florida probate lawyer for families navigating formal administration, summary administration, and ancillary probate across Miami-Dade, Broward County, and Palm Beach County.

Whether you need a probate attorney Miami Dade, a probate lawyers in Miami Florida firm, or Miami Florida probate lawyers you can trust, we are here to help.

Understanding how does probate work in Florida is the first step toward protecting your family’s inheritance and ensuring that assets pass according to either the decedent’s will or Florida’s intestate succession laws.

Whether you need a probate lawyer Miami, a probate attorney Fort Lauderdale, or a probate attorney West Palm Beach, our firm provides personalized guidance at every stage.

Why the Florida Probate Process Matters for South Florida Families

The Florida probate process explained in simple terms: probate establishes legal authority for someone—called a personal representative—to manage the decedent’s estate.

Without probate, bank accounts may be frozen, real estate titles remain clouded, and beneficiaries cannot receive their inheritance.

We often see families ask, “Does a will avoid probate in Florida?” The answer is no—a will must still be admitted to probate court for validation.

What triggers probate in Florida? Generally, probate is required when a decedent owns assets solely in their name at death. This includes real property, vehicles, and financial accounts without payable-on-death or transfer-on-death designations.

If you are wondering “when is probate required in Florida,” the answer depends on the nature and value of the assets involved.

In our experience with Florida courts, even modest estates can require formal or summary administration if the assets are titled solely in the decedent’s name.

Families also frequently ask: “Is probate necessary if there is a will in Florida?” Yes. A will alone does not transfer title. The probate court must validate the will, appoint a personal representative, and authorize distribution.

Understanding what assets go through probate in Florida versus what assets are exempt from probate in Florida is critical. Probate vs non-probate assets Florida is a distinction every estate must evaluate.

Non-probate assets include jointly owned property, accounts with beneficiary designations, and assets held in a revocable trust.

Who Needs a South Florida Probate Lawyer?

Do I need a probate attorney in Florida? While Florida law does not require an attorney for very small estates, Florida Statute §733.6171 requires that formal administration be conducted with legal representation.

Whether you are a surviving spouse asserting your elective share rights, a beneficiary with questions about inheritance, or a personal representative who needs guidance on duties and creditor claims, an experienced probate attorney Miami Dade or probate attorney Broward County can protect your interests.

Is probate required in Florida with a will? Yes—a will alone does not transfer assets. As a probate lawyer West Palm Beach and estate administration lawyer Broward County, we guide families through these requirements every day.

Can I handle probate without a lawyer in Florida? Technically, disposition-without-administration proceedings and certain summary administrations may be filed pro se, but mistakes can be costly.

We often see families attempt DIY probate only to face frozen bank account after death Florida, improper creditor notice, and contested claims.

A probate attorney free consultation Miami or probate lawyer free consultation Fort Lauderdale is the smartest first step.

At Lorenzo Law, we offer a free consultation so you can understand your options before committing. We also offer services as a bilingual probate attorney Miami and Spanish speaking probate lawyer Miami for our Spanish-speaking clients.

As a probate lawyer that speaks Spanish Fort Lauderdale, we ensure nothing is lost in translation.

When and Where to File for Probate in South Florida

How do I start the probate process in Florida? The process begins by filing a Petition for Administration in the circuit court of the county where the decedent resided at death.

If you need to know how do I file for probate in Miami Dade County, the answer is the Probate Division of the Eleventh Judicial Circuit.

As a probate filing attorney Miami Dade and probate court lawyer Miami Dade County, we handle filings here regularly.

For those asking where do I file for probate in Broward County, that would be the Seventeenth Judicial Circuit. And for those searching where is probate court in Palm Beach County, you will file with the Fifteenth Judicial Circuit.

What documents do I need to start probate in Florida? Typically, you will need the original will (if one exists), a certified death certificate, a Petition for Administration, and an Oath of Personal Representative.

Our team handles probate filing across Miami-Dade, Broward, and Palm Beach counties, as well as ancillary probate for out-of-state property in Florida probate cases.

How Does Probate Work in Florida? Steps in the Florida Probate Process

The Florida probate court process follows a defined sequence. Here are the steps in Florida probate:

File the Petition for Administration and original will with the appropriate circuit court. What is a petition for administration in Florida? It is the formal request asking the court to open probate and appoint a personal representative.
Court appoints the Personal Representative and issues Letters of Administration. Who can be a personal representative in Florida? Under Florida Statute §733.302, the personal representative must be a Florida resident or a close family member. Can a non-resident be personal representative in Florida? Yes, but only if they are a legally qualified relative.
Publish the Notice to Creditors. What is a notice to creditors in Florida probate? It is a published notice that triggers the creditor claims period. How long do creditors have to file claims in Florida probate? Creditors have 3 months from the date of first publication, or 30 days from the date they receive direct notice.
Identify, inventory, and safeguard estate assets. The personal representative files a verified Inventory with the court and manages all estate property, including probate real estate Florida and Florida probate bank account access.
Pay valid creditor claims, debts, taxes, and administration expenses. What happens to debt in probate Florida? The estate is responsible for paying valid debts before distribution. How to handle debt during probate in Florida depends on whether the estate is solvent or an insolvent estate Florida.
File a Final Accounting and Petition for Discharge, then distribute remaining assets to beneficiaries and heirs.

What happens at the first probate hearing in Florida? The court reviews the petition, confirms the will’s validity, and formally appoints the personal representative.

What are the duties of a personal representative in Florida? They include marshaling assets, publishing notice to creditors, paying debts, filing tax returns, preparing an inventory and accounting, and distributing the estate. The personal representative has a fiduciary duty to all beneficiaries and creditors.

Common Probate Situations We Handle Across South Florida

At Lorenzo Law, we handle a wide range of probate matters including:

Formal Administration — Required for estates exceeding $75,000 in non-exempt assets or when the decedent passed less than two years ago. This is the most common type of probate administration in Miami-Dade, Broward, and Palm Beach counties. If you need a Florida formal administration attorney, we handle these cases regularly.
Summary Administration — Available when the estate value is under $75,000 or the decedent has been dead for more than two years. What is summary administration in Florida? It is a simplified, expedited process. Summary administration Florida $75,000 is the threshold most families ask about. A summary probate attorney South Florida or Florida summary administration lawyer can help you qualify.
Intestate Estates — Probate when someone dies without a will Florida. Intestate succession Florida follows Florida Statute §732.101–732.111, which determines who inherits when there is no will in Florida. Dying without a will in Florida can create complications, especially for blended families.
Ancillary Probate — Required when a non-Florida resident owned real property in Florida. An ancillary probate attorney Florida or ancillary administration lawyer Miami handles these multi-jurisdictional estates. Out of state probate attorney Florida representation is essential when navigating both the domicile state and Florida courts.
Homestead Property Disputes — Florida homestead exemption probate issues arise when there are conflicting claims to the decedent’s homestead property. Homestead property probate Florida cases are among the most contested. Can you sell a house during probate in Florida? It depends on whether the property qualifies as protected homestead. Selling real estate during probate Florida requires court authorization unless the property passes directly to heirs.
Guardianship Proceedings — As a guardianship attorney South Florida and guardianship lawyer Miami Dade, we represent families in incapacity proceedings. A guardianship litigation attorney Broward may be needed when competing parties seek to be appointed guardian.
Spousal Rights — Surviving spouse rights Florida probate include the Florida elective share probate, which allows a surviving spouse to claim 30% of the elective estate under Florida Statute §732.2065. What is the spousal elective share in Florida? It is a statutory right that cannot be defeated by a will alone. Can you disinherit a spouse in Florida? Not entirely—Florida’s pretermitted spouse rights and elective share protections remain in effect.

Key Florida Probate Terms Every Heir and Beneficiary Should Know

Personal Representative: The person appointed by the court to administer the estate (sometimes called an executor). Personal representative attorney Florida and executor attorney South Florida both refer to the lawyer advising this fiduciary.
Letters of Administration: The court order authorizing the personal representative to act. A letters of administration lawyer Florida assists in obtaining this document.
Formal Administration: The standard Florida probate process for estates above $75,000. See Florida Statute §733.
Summary Administration: A streamlined alternative for smaller or older estates under Florida Statute §735.201.
Intestate Succession: The statutory order of inheritance when someone dies without a valid will in Florida.
Creditor Claims Period: The window during which creditors may file claims against the estate. In Florida, the creditor claims probate period is typically 3 months from first publication of the notice.
Elective Share: A surviving spouse’s right to claim 30% of the elective estate, regardless of what the will provides.
Ancillary Administration: A secondary probate proceeding for property located in Florida when the decedent lived in another state.
Probate Bond: A surety bond sometimes required of personal representatives. A probate bond attorney South Florida can advise whether a bond is required or can be waived.
Non-Resident Personal Representative: Under Florida law, a non-resident personal representative Florida attorney can help navigate the residency requirements and exceptions.

Top Myths About Florida Probate—Exposed by a South Florida Probate Lawyer

Myth 1: “Having a will means you avoid probate.”

False. A will must be probated to take effect. Does a will avoid probate in Florida? No. The will directs distribution, but the court must validate it through formal or summary administration. Do all estates go through probate in Florida? Most do, unless all assets are non-probate by design.

Myth 2: “Probate takes years and costs a fortune.”

Not necessarily. The Florida probate timeline depends on the complexity of the estate. Summary administration can be completed in weeks. How long does probate take in Florida? Formal administration typically takes 6–12 months, but contested cases can run longer. How long does probate take in Miami Dade? Similar timelines, though court scheduling varies. How long does probate take in Broward County? Generally comparable. What happens if you don’t probate a will in Florida? The assets remain frozen and real property cannot be transferred.

Myth 3: “The government takes everything if there’s no will.”

False. Intestate succession in Florida ensures that assets pass to surviving family members. Only when there are no heirs at all does the estate escheat to the state.

Myth 4: “You need to go to court for every decision.”

Not true. Most probate matters are handled by filing documents with the court. What happens if you don’t probate a will in Florida? The assets remain in the decedent’s name, which creates problems for transferring property and closing accounts.

Myth 5: “Beneficiaries must pay income tax on inheritance.”

Do beneficiaries pay taxes on inheritance in Florida? Generally, no. Is there an inheritance tax in Florida? Florida does not impose an inheritance tax. Does Florida have an estate tax? No, Florida repealed its estate tax in 2005. However, federal estate tax may apply to very large estates.

Myth 6: “A trust eliminates all need for legal help.”

Does a trust avoid probate in Florida? A properly funded revocable trust can avoid probate for the assets it holds, but unfunded assets still require probate. Revocable trust probate Florida is a common issue when grantors fail to retitle assets into the trust.

Choosing the Right Probate Path: Summary vs. Formal Administration in Florida

Florida summary administration vs formal administration is one of the most important decisions in the probate process. The right choice depends on the estate’s value, age, and complexity.

Feature	Summary Administration	Formal Administration	Attorney Recommendation
Estate Value	Under $75,000 (or death > 2 years ago)	Over $75,000 (or death < 2 years ago)	Evaluate total non-exempt assets carefully
Timeline	Weeks to a few months	6–12+ months	Summary saves time when eligible
Personal Representative	Not formally appointed	Court-appointed with Letters of Administration	Formal needed if disputes expected
Creditor Protection	Limited; no formal claims period	Full creditor claims process; 3-month window	Formal protects PR from personal liability
Court Oversight	Minimal	Full judicial supervision	Higher oversight = more protection in complex cases
Cost	Lower attorney fees and court costs	Higher due to complexity and duration	Consider total cost including potential disputes

When Summary Administration Works in South Florida

What is summary administration in Florida? It is a simplified petition that can be filed when the estate qualifies. Summary administration Florida $75,000 is the key threshold.

A Florida summary administration lawyer or summary probate attorney South Florida can file the Petition for Summary Administration, and the court can enter an order of distribution without appointing a personal representative.

How do you probate a small estate in Florida? Summary administration or the small estate affidavit Florida process are the primary options. A probate lawyer for small estate Florida can evaluate which path is best.

When Formal Administration Is Necessary

What is formal administration in Florida probate? It is the full, court-supervised process required for larger or more complex estates. Formal administration Florida is governed by Chapter 733 of the Florida Statutes.

A Florida formal administration attorney manages the entire process from filing the Petition for Administration through final distribution.

A probate administration lawyer Miami or estate administration attorney Fort Lauderdale handles inventory and accounting, creditor claims, and distribution.

An inventory and accounting probate lawyer Florida ensures compliance with court reporting requirements.

A final distribution probate attorney Miami handles the closing phase, and a close probate case attorney Florida files the Petition for Discharge.

When Ancillary Probate Applies to Non-Resident Estates

An ancillary probate attorney Florida handles estates where the decedent lived outside Florida but owned Florida real property.

An ancillary administration lawyer Miami or out of state probate attorney Florida can coordinate with the domicile state’s proceedings.

How to transfer property after death in Florida for non-residents requires ancillary administration unless the property was held in a trust or through a lady bird deed.

Key Criteria to Consider When Choosing a South Florida Probate Attorney

When Probate Litigation May Be Involved in Your South Florida Case

Not every estate is straightforward. When disputes arise over a decedent’s final wishes, the guidance of a probate litigation attorney Miami Dade or probate litigation lawyer Broward County becomes critical.

Whether you are facing a challenge or need to bring one, a will contest attorney Miami can handle complex claims involving undue influence, fraud, or lack of testamentary capacity.

Protecting Your Inheritance Through Targeted Litigation

In the 17th Judicial Circuit, a will contest lawyer Fort Lauderdale or contested will attorney Broward County fights to protect or challenge the validity of a will.

Similarly, a contesting a will lawyer Palm Beach County is often necessary when heirs dispute the legal execution of testamentary documents in the 15th Judicial Circuit.

Trust disputes require a specialized approach. A trust contest attorney South Florida or trust litigation lawyer Miami represents both beneficiaries and trustees in high-stakes contested matters.

For example, a trust litigation attorney Fort Lauderdale may be needed to challenge trust amendments made under suspicious circumstances.

To succeed, an undue influence attorney Florida probate must build a case showing that a caretaker or family member exerted improper control over the decedent, while a lack of testamentary capacity lawyer Florida focuses on the decedent’s mental state at the time of execution.

Resolving Breaches of Fiduciary Duty and Estate Fraud

Our litigation practice encompasses every facet of estate conflict. We provide:

Probate dispute lawyer West Palm Beach services for local estate conflicts.
Estate dispute attorney South Florida representation for multi-county claims.
Beneficiary dispute lawyer Florida and heir dispute attorney Miami advocacy to ensure rightful distribution.
Fiduciary breach attorney Florida probate actions to hold representatives accountable.
Executor removal attorney South Florida and personal representative removal lawyer Florida petitions under Florida Statute §733.504.
Probate fraud attorney Miami and estate fraud lawyer Fort Lauderdale investigations.
Contested estate lawyer Palm Beach County and incapacity proceeding attorney Florida representation.

Common Questions in Florida Probate Litigation

Can a will be contested after probate in Florida? Yes, but strict statutory deadlines apply. Generally, once a Notice of Administration is served, an interested person has only 90 days to challenge the will’s validity.

What are the grounds for contesting a will in Florida? Common grounds include undue influence, fraud, duress, and lack of testamentary capacity. What is undue influence in Florida probate? It is legally defined as a person exerting such excessive pressure on the decedent that the decedent’s free will was destroyed.

How do you contest a trust in Florida? This is handled through a trust litigation proceeding filed in the circuit court, often involving challenges to the trust’s creation or subsequent amendments.

How do I remove a personal representative in Florida? By filing a petition demonstrating grounds for removal—such as waste, maladministration, or conflict of interest—under Florida Statute §733.504.

Florida-Specific Probate Rules, Statutes, and Deadlines You Must Know

The Florida probate code, Florida probate rules, and Florida probate statutes govern every aspect of estate administration. Florida probate law continues to follow Chapters 731–735 of the Florida Statutes.

Key deadlines include: the 3-month creditor claims window from first publication, the 90-day window for filing claims after receiving direct notice, and the 2-year outside date for creditor claims under Florida Statute §733.702.

The personal representative must file an Inventory within 60 days of appointment and serve it on interested persons.

Florida probate court filing fees vary by county. Probate costs Miami Dade County, probate fees Broward County Florida, and probate costs Palm Beach County differ based on the type of administration filed.

Transfer car title after death Florida probate requires specific DMV documentation in addition to probate court orders. Probate with no assets Florida may still require administration to clear title or resolve creditor claims.

Out of state property Florida probate requires ancillary proceedings to transfer real property located in Florida when the decedent resided elsewhere.

Mandatory Steps You Cannot Skip in Florida Probate

Certain formalities in Florida probate are non-negotiable.

These include: filing the original will with the court within 10 days of learning of the decedent’s death (Florida Statute §732.901), publishing a Notice to Creditors, serving the Notice of Administration on all known beneficiaries, filing the verified Inventory, and filing the Final Accounting before closing the estate.

Skipping any of these steps can expose the personal representative to personal liability.

How Lorenzo Law Evaluates Your South Florida Probate Case

When you come to us as a prospective client, we evaluate your case based on: the type and value of assets, whether there are anticipated disputes, the number of beneficiaries and their relationships, whether homestead property is involved, whether there are out-of-state assets, and whether the decedent died with or without a will.

Our evaluation helps us determine the best path—whether that is summary administration, formal administration, or ancillary probate—and provide an honest assessment of the Florida probate timeline, costs, and potential complications.

A South Florida Law Firm Dedicated to Navigating Florida Law

At Lorenzo Law, we understand that a loved one’s estate often involves more than just a simple distribution of assets.

As a premier south florida probate lawyer and south florida probate attorney, our founding partner, Jose M. Lorenzo, Jr., has built a practice that combines the resources of a large firm with the personalized attention of a boutique office.

We provide clients with a deep understanding of the complex process inherent in probate and estate matters under the Florida Probate Code.

Whether you are dealing with a wrongful death settlement that must pass through probate or need a probate attorney miami dade to handle an uncontested probate, our law firm is well versed in the specific requirements of the local circuit courts.

Comprehensive Practice Areas: Beyond Basic Administration

Our practice areas are designed to meet the holistic needs of Florida families.

While many know us as miami florida probate lawyers, we also provide robust representation in trust administration and the protection of incapacitated adults through guardianship.

Under Florida Statute §744, we ensure that those who can no longer care for themselves are protected by the court.

Furthermore, we assist in drafting the durable power of attorney (Florida Statute §709.2101) to avoid the need for court intervention later.

From Coral Springs to the Keys, our firm is the florida contact you need when an estate involves personal injury claims or when a decedent died intestate (without a will) under Florida Statute §732.101.

Strategic Business Litigation and Estate Disputes

Estate matters frequently intersect with corporate interests, requiring a firm that excels in business litigation.

If a loved one’s estate includes a family-owned business or disputed partnership interests, you need a probate lawyer miami who understands how to litigate commercial disputes within the probate context.

We handle estate litigation arising from breaches of fiduciary duty or disputes over a designated beneficiary on high-value accounts.

As a probate attorney broward county, we recognize that legal fees and strategies will vary depending on the complexity of the assets involved. Our goal is to protect the integrity of the estate while vigorously representing your interests in any contested matter.

The Role of the Personal Representative in Palm Beach and Beyond

Serving as a personal representative in Palm Beach, Miami-Dade, or Broward is a significant responsibility governed by Florida Statute §733.602. The court-appointed fiduciary must act with a “duty of loyalty” to all interested parties.

Whether you are working with a probate attorney fort lauderdale or a probate attorney west palm beach, our firm ensures you remain in strict compliance with your statutory duties.

Probate lawyers in miami florida often see fiduciaries run into trouble when they fail to properly inventory assets or notify creditors.

We guide you through every filing requirement to shield you from personal liability and ensure the efficient closing of the estate.

Risks and Benefits of the Florida Probate Process

Benefits of probate include: clear title transfer for real estate, a defined creditor claims period that cuts off late claims, court oversight that protects beneficiaries, and a final order that provides legal certainty.

Risks include: delays from contested matters, costs that reduce the estate’s value, and exposure of estate details in public court records.

At Lorenzo Law, we minimize risks by managing deadlines proactively and advising on strategies to reduce costs and avoid unnecessary litigation.

Understanding the Cost of Probate in Florida: Fees, Costs, and Timelines

One of the most frequent questions we hear at Lorenzo Law is: How much does probate cost in Florida? The answer is not one-size-fits-all; the total expense depends on the type of administration required, the complexity of the assets, and whether any family disputes arise during the process.

Statutory Attorney Fees and Compensation

In Florida, legal fees are standardized to ensure fairness. The Florida probate attorney fee schedule is governed by Florida Statute §733.6171, which establishes what is “presumed reasonable” based on the inventory value of the estate.

For example, the statute suggests a 3% fee for the first $1 million of the estate’s value.

Probate attorney fees South Florida typically follow these structures:

Summary Administration: Often handled via a flat fee probate attorney Florida arrangement for smaller, qualifying estates.
Formal Administration: Usually billed based on the statutory percentage or hourly rates for more complex litigation.
Payment Flexibility: We understand the financial strain that follows a death; therefore, we offer a probate lawyer payment plan Florida for families who need flexibility.

Who Is Responsible for the Costs?

A common point of confusion is who pays probate attorney fees in Florida? Under Florida Law, these expenses—along with court filing fees and appraiser costs—are administrative expenses of the estate.

Are probate lawyer fees paid from estate in Florida? Yes. Before any beneficiaries receive their inheritance, the attorney’s fees and personal representative compensation Florida (governed by Florida Statute §733.617) are paid directly from the estate assets.

Strategies to Reduce the Financial Impact

If you are looking for ways how to reduce probate costs in Florida, the best defense is a proactive offense. Ensuring your estate planning documents are up to date, properly funding your trusts, and maintaining current beneficiary designations can move assets outside of the court’s jurisdiction.

When you are ready to move forward, working with an affordable probate lawyer Miami can help you avoid the “hidden” costs of DIY mistakes. At Lorenzo Law, we believe in radical transparency.

We provide a probate attorney free consultation West Palm Beach, a probate attorney free consultation Miami, or a probate lawyer free consultation Fort Lauderdale so you can get an exact estimate of your probate lawyer cost Miami before any work begins.

Fee Type	Authority	Basis for Cost
Attorney Fees	Fla. Stat. §733.6171	Percentage of Estate Value (3% for first $1M)
PR Commission	Fla. Stat. §733.617	Percentage of Inventory Value + Income Earned
Court Filing Fees	County Specific	Varies (Approx. $235 – $400 depending on county)

How to Avoid Probate in Florida: Estate Planning Alternatives

Many South Florida families ask how to avoid probate in Florida.

There are several ways to avoid probate in Florida:

Revocable Living Trust — Does a trust avoid probate in Florida? Yes, for assets properly funded into the trust. A living trust vs will Florida probate comparison shows that trusts avoid the public court process entirely.
Lady Bird Deed — A lady bird deed Florida avoid probate tool allows the property owner to retain full control during life and transfer automatically at death.
Transfer on Death Deed — A transfer on death deed Florida probate alternative for real property.
Payable on Death Accounts — A payable on death account probate Florida strategy for bank accounts that transfers directly to a named beneficiary.
Joint Tenancy — Joint tenancy probate Florida allows property to pass automatically to the surviving joint owner.
Beneficiary Designations — Beneficiary designation vs probate Florida: retirement accounts, life insurance, and TOD/POD accounts bypass probate when designations are current.

What is the difference between probate and estate administration?

While often used interchangeably by the public, a south florida probate lawyer will tell you there is a distinct legal difference.

Probate is the specific, court-supervised process governed by Florida Statute §731.201, primarily focused on assets titled solely in the decedent’s name.

In contrast, estate administration is a broader term that encompasses all tasks required to settle a loved one’s estate. This includes managing a trust administration, coordinating with a designated beneficiary on life insurance policies, and handling non-probate transfers.

Whether you need a probate lawyer miami for a court filing or an estate administration attorney to oversee a global settlement, our law firm provides the personalized attention required for both.

Can probate be done online in Florida?

In Florida has largely moved toward a “Remote Probate” standard. While the legal “seat” of the case remains the county clerk’s office where the decedent resided, almost all filings are now handled through the Florida Courts E-Filing Portal.

As a probate attorney miami dade, we utilize electronic signatures and video conference hearings for uncontested probate matters, making the process significantly faster for our clients.

However, Florida Statute §732.901 still requires that the original Last Will and Testament be physically deposited with the Clerk of the Court within 10 days after receiving notice of the death.

Whether you are searching for miami florida probate lawyers or a probate attorney fort lauderdale, we leverage these digital efficiencies to provide a streamlined experience.

What happens to jointly owned property when someone dies in Florida?

Under Florida Law, the outcome depends entirely on how the property was titled.

If a home or bank account is held as “Joint Tenants with Right of Survivorship” or “Tenants by the Entirety” (for married couples), the asset passes automatically to the surviving owner by operation of law, bypassing the probate court entirely.

However, if the property was held as “Tenants in Common” under Florida Statute §689.15, the decedent’s interest does not pass to the co-owner; instead, it becomes part of the probate estate.

If you are unsure how an asset is titled, consulting a probate attorney west palm beach or a probate attorney broward is vital to prevent title defects.

Do I need a lawyer if my family member died intestate?

Yes. When a person has died intestate (without a will), Florida Statute §732.101 dictates exactly who inherits the assets.

This can lead to estate litigation if heirs disagree on the identity of the rightful beneficiaries or the appointment of the personal representative.

Our miami florida probate lawyer and probate attorney broward county is well versed in intestate succession laws. He will make make sure that you feel like family compared to many other miami florida probate lawyer that will make you just another case number.

We provide clients with the clarity needed to ensure the estate is distributed according to state law, rather than family disputes.

Complex Probate Situations We Navigate for South Florida Clients

Florida probate for blended families presents unique challenges. Stepchildren inheritance rights Florida are limited unless the stepchild was legally adopted.

Minor children inheritance Florida probate may require guardianship or trust provisions to protect the child’s share. Florida pretermitted spouse rights protect a surviving spouse who was unintentionally omitted from a will executed before the marriage.

Creditor claims in Florida probate must be properly managed. What is a notice to creditors in Florida probate? It is the published notice that triggers the 3-month claims window.

Creditor claims probate lawyer Florida representation ensures that improper claims are objected to and valid claims are paid in the statutory priority order.

An insolvent estate Florida requires careful management to ensure debts are paid in the order prescribed by Florida Statute §733.707.

Additional situations we handle include:

probate real estate Florida transfers;
out of state property Florida probate coordination;
selling real estate during probate Florida;
Florida probate bank account access after a freeze;
frozen bank account after death Florida resolution;
how to transfer property after death in Florida;
transfer car title after death Florida probate proceedings; and
Probate when someone dies without a will Florida is among our most common case types.

Why Lorenzo Law Is the Best Probate Attorney in South Florida for Your Case

When you are facing the loss of a family member, choosing the right legal partner is essential.

Whether you need the best probate lawyer in Miami, the best probate attorney South Florida has to offer, or a top rated probate attorney Fort Lauderdale families trust, Lorenzo Law combines aggressive litigation experience with compassionate client service.

We handle the full spectrum of estate matters, from simple summary administrations to complex multi-county litigation.

Our reputation is built on transparency and success; the probate lawyer reviews Miami clients have shared, along with our probate attorney reviews Fort Lauderdale, reflect our unwavering commitment to results.

Whether you are searching for an affordable probate lawyer Miami can rely on, a cheap probate attorney South Florida for a straightforward filing, or an experienced probate attorney Miami Dade for a high-stakes dispute, we provide high-quality representation at transparent rates.

When you are ready to find a probate attorney in Broward County or hire a probate lawyer in Miami, we make the transition easy.

As an experienced probate attorney Miami-Dade with a proven record in formal administration and estate disputes, we deliver the results families need to move forward. Our firm serves a wide geographic footprint, acting as a:

Probate attorney Coral Gables and Boca Raton probate lawyer for high-net-worth estates.
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Broward probate attorney and probate attorney Broward for local families.
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Fort Lauderdale probate lawyers, probate lawyers Fort Lauderdale Florida, and probate attorney Fort Lauderdale FL.

Our practice is deep as well as wide, extending to probate court lawyer Miami Dade County cases and specialized probate filing attorney Miami Dade representations.

We serve as a probate attorney for large estates South Florida as well as a probate lawyer for small estate Florida.

If you need board certified probate attorney Florida-level service, we deliver that exact standard of care on every case.

Alternative Options If You Are Not Sure You Need Probate

Not every estate requires full probate. Alternatives include: the small estate affidavit Florida for very small estates, summary administration for qualifying estates, and direct beneficiary transfers for properly designated accounts.

If you are exploring whether to avoid probate Florida altogether through estate planning, we can advise on trusts, deeds, and beneficiary designations that keep your loved ones out of court.

A South Florida probate lawyer can review the assets involved and determine whether probate is required under Florida law or if a simplified alternative is available.

Families often consult a probate attorney Miami Dade to evaluate bank accounts, real estate, and beneficiary designations before beginning the probate process.

Similarly, a knowledgeable probate attorney West Palm Beach can help determine whether summary administration or another streamlined option may apply.

An experienced probate attorney Broward County can also guide families through the available legal alternatives and help ensure the estate is handled efficiently and in compliance with Florida probate rules.

Step-by-Step: How to Start Probate in South Florida

Gather the original will, death certificate, and asset information.
Schedule a free consultation with a South Florida probate attorney to evaluate the estate.
Determine whether summary or formal administration applies.
File the Petition for Administration with the circuit court.
Obtain Letters of Administration and begin estate management.
Publish Notice to Creditors and serve Notice of Administration.
Inventory assets, pay debts, and manage the estate.
File Final Accounting and Petition for Discharge.
Distribute assets to beneficiaries and close the estate.

Probate Document Checklist for South Florida Estates

Original Last Will and Testament
Certified Death Certificate (multiple copies recommended)
Petition for Administration (or Petition for Summary Administration)
Oath of Personal Representative
Designation of Resident Agent (if applicable)
Notice to Creditors (for publication)
Notice of Administration (served on beneficiaries)
Inventory of Estate Assets
Proof of asset ownership (deeds, account statements, vehicle titles)
Final Accounting and Petition for Discharge

Frequently Asked Questions About Probate in South Florida

1. Do I need a probate attorney in Florida?

Yes, for formal administration, Florida law requires attorney representation. Even for summary administration, an experienced attorney ensures deadlines are met and your interests are protected.

2. How do I start the probate process in Florida?

File a Petition for Administration in the circuit court where the decedent lived. You will need the original will, a death certificate, and information about the decedent’s assets.

3. How long does probate take in Florida?

Summary administration can take weeks. Formal administration typically takes 6–12 months. Contested cases can take longer depending on the issues involved.

4. How much does probate cost in Florida?

Costs vary based on estate size and complexity. Attorney fees, court filing fees, and publication costs are the primary expenses. The estate pays these costs.

5. Can a will be contested after probate in Florida?

Yes, under certain circumstances. Grounds include undue influence, fraud, duress, revocation, and lack of testamentary capacity. Time limits apply.

6. What happens if you don’t probate a will in Florida?

Assets remain titled in the decedent’s name, bank accounts stay frozen, and real property cannot be transferred. Failure to file the will with the court is a separate violation under Florida law.

7. Is there an inheritance tax in Florida?

No. Florida does not impose an inheritance tax or state estate tax. Federal estate tax may apply to estates exceeding the federal exemption amount.

8. Who can be a personal representative in Florida?

A Florida resident who is 18 or older and mentally competent, or a close relative of the decedent regardless of residency, may serve. Convicted felons and certain other disqualified persons cannot serve.

9. What is an elective share in Florida?

The surviving spouse’s right to claim 30% of the elective estate, as defined by Florida Statute §732.2065, regardless of what the will provides.

10. How to avoid probate in Florida?

Use revocable trusts, lady bird deeds, transfer-on-death designations, payable-on-death accounts, joint tenancy, and proper beneficiary designations to keep assets out of probate.

Contact Lorenzo Law: Your Trusted South Florida Probate Partner

Navigating the loss of a loved one is difficult enough without the added stress of a complex legal system.

Whether you are searching for a probate lawyer Miami to handle a formal administration or a probate attorney West Palm Beach to resolve a homestead issue, Lorenzo Law is ready to provide the compassionate, bilingual representation you deserve.

As an experienced south florida probate lawyer, Jose M. Lorenzo, Jr. understands the nuances of the local circuit courts.

We pride ourselves on being accessible to our community, offering clear communication as your south florida probate attorney from the initial filing through the final distribution of assets.

Areas We Serve

Our firm provides comprehensive legal support across the entire state, with a dedicated focus on the following regions:

Miami-Dade County: Providing expert guidance as a probate attorney Miami Dade for families in Miami, Coral Gables, Hialeah, Doral, Aventura, and Miami Beach. Our miami florida probate lawyers handle everything from small estates to high-stakes litigation.
Broward County: Serving as a dedicated probate attorney Broward County and probate attorney Fort Lauderdale. We represent clients in Hollywood, Pembroke Pines, Miramar, Pompano Beach, and Deerfield Beach.
Palm Beach County: Acting as a trusted probate lawyer West Palm Beach and probate attorney West Palm Beach for residents of Boca Raton, Delray Beach, Boynton Beach, and Jupiter.
Central & Statewide Florida: While we are a leading choice for South Florida, we also serve clients in Osceola County (Kissimmee/St. Cloud), Orange County (Orlando), and throughout the Florida Keys and Gulf Coast.

Schedule Your Free Consultation Today

Don’t let bank accounts remain frozen or property titles stay clouded. If you need to speak with a probate lawyer West Palm Beach or an attorney who understands the specific local rules of the Miami-Dade or Broward courts, reach out today.

Hablamos Español. As a bilingual firm, we ensure that our Spanish-speaking clients have full clarity and confidence throughout the probate process.

Call Lorenzo Law to schedule your free, no-obligation consultation. Speak directly with a South Florida probate lawyer who can evaluate your situation and provide clear guidance on the next steps in the probate process.

Legal Notice: The information on this page is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Lorenzo Law. For advice specific to your situation, please contact our office for a consultation.