What Is Probate in Florida?
Probate is the legal process of settling a person’s estate after death.
That usually includes:
- Filing paperwork with the court
- Proving the Last Will and Testament (if there is one)
- Appointing a Personal Representative
- Identifying and valuing assets
- Notifying creditors
- Paying debts and taxes
- Distributing property to heirs
In Hollywood, probate cases are handled through the Broward County Clerk of Courts.
Florida probate law is governed by the Florida Probate Code. The rules are strict. Deadlines matter. Missing one can delay everything.
That’s why most estates require a Licensed Florida Attorney.
Do All Estates Have to Go Through Probate?
No. And this is where many people get confused.
Some assets pass automatically, such as:
- Life insurance with named beneficiaries
- Retirement accounts with designated beneficiaries
- Joint bank accounts with rights of survivorship
- Assets held in a Living Trust
But assets titled only in the deceased person’s name usually require probate.
Common examples in Hollywood include:
- Homestead Property
- Investment Portfolios
- Business Interests
- Real Estate Holdings
- Bank Accounts without beneficiaries
Not sure if probate is required? We can review the situation and tell you quickly.
Types of Probate in Hollywood, FL
Florida has different types of probate administration. Choosing the correct one matters.
- Summary Administration
This is the simplified process. It may be available if:
- The estate is valued under $75,000 (excluding exempt property), or
- The person has been deceased for more than two years
It’s faster and less expensive. But not every estate qualifies.
- Formal Administration
This is the standard probate process.
A Personal Representative is appointed. The court oversees the process. Creditors must be formally notified. An Estate Inventory must be filed.
Most estates in Hollywood go through formal probate.
- Ancillary Probate
If the deceased lived in another state but owned real estate in Florida, you may need ancillary probate here in Broward County.
We handle all three.
What Does a Personal Representative Actually Do?
If you’ve been named executor, you may be feeling pressure already.
Here’s what the job really involves:
- Filing the Probate Petition
- Obtaining Letters of Administration or Letters Testamentary
- Opening an estate bank account
- Publishing a Notice to Creditors
- Managing assets responsibly
- Paying valid debts
- Keeping detailed Estate Accounting records
- Distributing assets properly
You have a Fiduciary Duty. That means you must act in the best interest of beneficiaries.
If you make mistakes, you can be personally liable.
That’s not meant to scare you. But it’s why legal guidance matters.
At Fiducia Law, we guide personal representatives so they don’t face executor liability or unnecessary risk.
How Long Does Probate Take in Florida?
It depends.
Summary Administration may take a few months.
Formal probate usually takes 6 to 12 months. Sometimes longer if:
- There are Creditor Claims
- The will is contested
- Assets are hard to value
- There are family disputes
- Real estate must be sold
Many delays happen because paperwork wasn’t filed correctly the first time.
We focus on getting it done right so you don’t deal with probate delays or repeated court rejections.
What Happens If There Is No Will?
If someone dies without a will, this is called intestate succession.
Florida’s Intestate Succession Laws determine who inherits.
The court will still appoint a Personal Representative. Assets will still go through probate. Distribution follows a strict order based on surviving spouse, children, or other relatives.
Here’s the hard truth. People often think “the family will just figure it out.”
But without a will, disagreements are more common. And the court has no flexibility.
If you’re facing this situation in Hollywood, we’ll walk you through it clearly.
Probate Litigation and Will Contests
Sometimes probate is not smooth.
Disputes may involve:
- Questions about testamentary capacity
- Allegations of undue influence
- Disagreements between siblings
- Challenges to asset distribution
- Claims against the Personal Representative
These cases require careful legal handling.
Probate litigation can quickly become emotional. We focus on resolving issues efficiently while protecting your rights.
The Probate Process Step by Step
Here’s what typically happens in a Broward County probate case:
- File the initial petition with the court
- Submit the Death Certificate
- Have the court appoint the Personal Representative
- Receive Letters of Administration
- Identify and secure estate assets
- File an Estate Inventory
- Publish Notice to Creditors
- Address the creditor claims period
- Pay valid debts and taxes
- Prepare final accounting
- Distribute assets to beneficiaries
Much of this is done through the Florida E-Filing Portal and tracked via the Probate Court Docket System.
It sounds like a lot. That’s because it is.
But with guidance, it becomes manageable.
Why Families in Hollywood Choose Fiducia Law
We’re not a volume firm trying to rush files through.
We’re a boutique estate planning and probate law firm serving Hollywood and nearby communities like Pembroke Pines, Aventura, Miramar, Hallandale Beach, Dania Beach, and Fort Lauderdale.
Clients choose us because:
- We are a Member of The Florida Bar
- We are Florida Supreme Court licensed attorneys
- We focus specifically on estate planning and probate
- We provide personalized consultations
- We explain things in plain English
- We maintain a transparent fee structure
- We earn 5-star Google reviews from local families
Most people tell us the same thing after the first meeting:
“I finally understand what’s happening.”
That matters.
Common Probate Mistakes People Make
Honestly, we see these all the time:
Waiting too long to start probate
Delays can cause asset freezing and financial stress.
Trying to handle it without an attorney
Florida usually requires an attorney in formal probate.
Distributing assets too early
If creditors haven’t been paid, you could be personally responsible.
Not keeping good records
Poor accounting leads to beneficiary disputes.
Assuming small estates avoid probate
Value limits are specific and misunderstood.
If any of this sounds familiar, it’s fixable. But it’s easier to address early.
How Much Does Probate Cost in Hollywood, FL?
Fees depend on:
- Type of administration
- Complexity of assets
- Whether disputes arise
- Court costs and publication fees
Florida law allows reasonable attorney fees based on estate value.
We explain costs clearly before moving forward. No vague answers.
Frequently Asked Questions
- How long does probate take in Hollywood, FL?
Most formal probate cases take 6 to 12 months. Summary administration may be faster. Disputes or creditor claims can extend the timeline.
- Do I need a probate attorney in Broward County?
In most formal probate cases, yes. Florida law generally requires an attorney for estate administration unless the estate qualifies for summary administration.
- What if the will is being contested?
The case may move into probate litigation. The court will review evidence related to testamentary capacity, undue influence, or execution issues. Legal representation is critical in these situations.
- Can probate be avoided?
Sometimes. Assets held in a Living Trust or with proper beneficiary designations can avoid probate. If you’re planning ahead, estate planning is the best way to reduce future probate issues.
- What happens during the creditor claims period?
After Notice to Creditors is published, creditors have a limited time to file claims. The Personal Representative must evaluate and address valid claims before distributing assets.
- What is a Personal Representative’s liability?
You have a fiduciary duty to act in the estate’s best interest. Mismanaging funds or distributing assets too early can create personal liability.
Ready to Talk About Your Probate Case?
If you're dealing with probate in Hollywood, you don't have to figure it out alone.
Whether you need help filing the first petition, handling creditor claims, or resolving a dispute, Fiducia Law is here to guide you clearly and responsibly.
We serve families throughout Hollywood and Broward County with steady, practical legal help.
Call today to schedule a consultation with a Probate Attorney in Hollywood, FL who will take the time to answer your questions and move your case forward.