What Is Probate in Florida?
Probate is the court-supervised process of settling a person’s estate after they pass away.
That usually means:
- Proving the Last Will and Testament is valid
- Appointing a personal representative
- Identifying and valuing assets
- Notifying creditors
- Paying valid debts and taxes
- Distributing property to beneficiaries
In Fort Lauderdale, probate cases are filed with the Broward County probate court. The clerk’s office, part of the Broward County Clerk of Courts, handles filings and case records.
Some assets go through probate. Others don’t.
For example:
- Homestead property in Fort Lauderdale
- Waterfront real estate near Las Olas
- Investment portfolios
- Business interests
- Retirement accounts without named beneficiaries
On the other hand, life insurance with a named beneficiary or accounts with proper beneficiary designation forms often avoid probate.
Many people assume probate is always long and painful. That’s not always true. It depends on the estate and how prepared things were.
Types of Probate in Fort Lauderdale
Florida has different probate processes. Choosing the right one matters.
- Summary Administration
This is a simplified process used when:
- The estate is under the statutory threshold, or
- The person has been deceased for more than two years
It’s usually faster and involves less court oversight. No personal representative is appointed in most cases.
This option works well for smaller estates with limited creditor issues.
- Formal Administration
This is the most common type of probate in Broward County.
A court-appointed personal representative is responsible for:
- Filing a probate petition
- Obtaining Letters of Administration
- Sending a Notice to Creditors
- Completing estate inventory filing
- Handling estate accounting
- Distributing assets properly
Formal administration is required when the estate is larger or more complex.
- Disposition Without Administration
This is used in very limited situations when only minimal assets exist and funeral expenses exceed estate value.
- Ancillary Probate
If someone lived outside Florida but owned property in Fort Lauderdale, ancillary probate may be required here to transfer that Florida property.
This often comes up with:
- Vacation homes
- Investment condos
- Waterfront property near Port Everglades
Each situation is different. That’s why having a probate attorney familiar with Broward County procedures makes a real difference.
What Does a Personal Representative Actually Do?
Many people are named in a will and don’t realize what they’re agreeing to.
Being a personal representative means you must:
- Act in the best interest of beneficiaries
- Follow Florida probate law
- Keep accurate financial records
- File required court documents
- Resolve creditor claims
- Address spousal elective share issues
- Handle homestead determination
You can be held personally liable for mistakes.
This part’s tricky. Most people don’t know how detailed estate accounting must be. That’s where legal guidance helps protect you.
Common Probate Issues in Fort Lauderdale
Because Fort Lauderdale has a mix of retirees, business owners, and international property owners, probate cases here can involve:
- High-value waterfront real estate
- Investment portfolios
- Blended families
- Out-of-state heirs
- Disputes over will validation
- Creditor claim disputes
- Estate tax questions involving the Internal Revenue Service
We’ve seen situations where:
- A family assumes a revocable living trust avoids probate, but assets were never retitled
- A durable power of attorney is confused with authority after death
- Siblings disagree over property distribution
- Beneficiary representation becomes necessary
These are real-world issues. Not rare exceptions.
Probate Litigation and Disputes
Not all probate cases are peaceful.
Sometimes disputes arise involving:
- Will contests
- Undue influence claims
- Breach of fiduciary duty
- Mismanagement by a personal representative
- Disagreements over estate asset distribution
Probate mediation is often required before trial. Our firm represents both personal representatives and beneficiaries when disputes occur.
Litigation doesn’t have to mean endless fighting. But it does require strong preparation and knowledge of local court procedures.
How Long Does Probate Take in Broward County?
Here’s the honest answer. It depends.
Summary administration can take a few months.
Formal administration often takes 6 to 12 months.
Complex estates or disputes can take longer.
The timeline depends on:
- Creditor claim periods
- Court scheduling
- Asset complexity
- Tax filings such as Form 706 if required
- Whether estate accounting is contested
We provide clear milestones so you know what’s happening and when.
How Much Does Probate Cost?
Probate costs vary depending on:
- Type of administration
- Estate size
- Complexity
- Whether litigation is involved
Florida law allows attorney fees based on estate value, but alternative fee structures may be available.
Fiducia Law believes in transparent fees. You’ll understand costs upfront. No guessing.
Local Knowledge Matters
Probate isn’t just about state law. It’s about how things work locally.
Our office serves families in:
- Hollywood
- Plantation
- Davie
- Pembroke Pines
- Wilton Manors
We’re familiar with filing procedures, clerk expectations, and typical probate court timelines in Fort Lauderdale.
That experience helps avoid delays.
How Fiducia Law Helps You Through Probate
We focus on practical, steady guidance.
Our probate services include:
- Probate administration
- Summary and formal administration
- Ancillary probate
- Executor and personal representative guidance
- Beneficiary representation
- Creditor claim resolution
- Estate inventory and accounting
- Probate court filings
- Trust administration
- Estate planning to prevent future probate issues
We also help families plan ahead with:
- Revocable and irrevocable trusts
- Last Will and Testament drafting
- Healthcare surrogate designation
- Living wills
- Asset protection planning
- Estate tax planning
Probate often reveals planning gaps. We help you fix those for the next generation.
Why Families Choose Fiducia Law
We’re a Fort Lauderdale-based estate planning and probate law firm focused on clear communication.
Here’s what matters to clients:
- Licensed Florida attorney
- Member of The Florida Bar
- Experience in Broward County probate court
- Familiarity with complex estates
- Clear timelines
- Ongoing case updates
- Ethical compliance with Florida Probate Code
We know this isn’t just paperwork. It’s your family.
Frequently Asked Questions About Probate in Fort Lauderdale
- Do all estates have to go through probate in Florida?
No. Assets with proper beneficiary designations or held in a properly funded trust usually avoid probate. But many estates still require some level of court involvement.
- Can I serve as personal representative if I live out of state?
Possibly. Florida law limits who can serve. Out-of-state family members may qualify, but friends who aren’t related often cannot. It depends on your relationship to the deceased.
- What happens if there is no will?
Florida intestacy laws determine who inherits. The court will appoint a personal representative, and assets are distributed according to statute.
- Can probate be avoided?
Sometimes. Tools like revocable living trusts, beneficiary designation forms, and proper titling help. But once someone passes away without planning, probate may be necessary.
- What if a creditor files a claim against the estate?
There is a formal process for reviewing and objecting to creditor claim forms. Claims must be handled properly to protect beneficiaries and the personal representative.
- How is homestead property handled in Fort Lauderdale?
Homestead determination is a specific legal process in probate. Florida law protects surviving spouses and certain heirs. It’s important to handle this correctly to preserve exemptions.
- What if family members are fighting over the estate?
Probate mediation is often required before trial. Many disputes can be resolved through negotiation, but litigation may be necessary in serious cases.
Ready to Talk About Your Probate Case?
If you’re dealing with probate in Fort Lauderdale, you probably want three things:
Clear answers.
A steady plan.
Someone who actually calls you back.
That’s what we provide at Fiducia Law.
Whether you’re near Fort Lauderdale Beach, Las Olas Boulevard, or anywhere in Broward County, we’re here to guide you through probate administration the right way.
Reach out today to schedule a consultation and get the guidance you need to move forward with confidence.
