Probate in Broward County can feel overwhelming if you’ve never been through it. This guide will walk you through the process step by step, explain the local rules, and point out common pitfalls so you can understand what to expect.
What Is Probate?
Probate is the court-supervised process of settling a person’s estate after death. Everything a person owned at death will be included in his Estate. In Broward County, probate happens in the Seventeenth Judicial Circuit Court. The process involves: - Identifying and valuing assets - Notifying creditors - Paying debts and taxes - Distributing remaining assets to heirs and beneficiaries
Types of Probate in Broward County
Florida law recognizes three main procedures: -
- Formal Administration: The most common, required for estates over $75,000 (excluding exempt property).
- Summary Administration: For smaller estates ($75,000 or less) or when the decedent has been dead more than two years.
- Disposition of Personal Property Without Administration: For very small estates, often covering only reimbursement for funeral expenses and medical bills.
Getting Started: What You’ll Need
Before filing, gather:
- Original death certificate – without the cause of death
- Original will (if any)
- List of known heirs and beneficiaries
- List of assets (real estate, bank accounts, vehicles, investments)
- Estimate of estate value
Step-by-Step Probate Process in Broward
Step 1: Filing the Petition
- Where: Broward County Probate Division, Seventeenth Judicial Circuit Court.
- Documents: Petition for Administration, death certificate, original will.
- Filing Fee: Typically $400–$500 depending on estate type.
Step 2: Appointment of Personal Representative
- Court issues Letters of Administration.
- The personal representative (executor) gains authority to act on behalf of the estate.
Step 3: Notice to Beneficiaries and Creditors
- Known beneficiaries and heirs must be notified.
- Creditors are notified via direct mail and a newspaper notice.
- Creditors usually have 90 days to file claims.
Step 4: Inventory and Appraisal of Assets
- Personal representative files an inventory with the court within 60 days.
- Assets must be valued, often with professional appraisals for real estate or businesses.
Step 5: Paying Debts and Taxes
- Estate pays valid creditor claims, taxes, and administrative expenses.
- Florida law establishes priority order for payment.
Step 6: Distribution of Assets
- Remaining property is distributed according to the will.
- If no will, Florida’s intestacy laws apply (Chapter 732, Florida Statutes).
Step 7: Closing the Estate
- Personal representative submits a final accounting.
- Once approved, the court issues an order of discharge, officially closing the estate.
Special Situations
- No Will (Intestate Estates): Assets pass under Florida’s intestacy statutes.
- Homestead Property: Florida homestead laws provide strong protections for family homes.
- Non-Resident Decedents: Ancillary probate may be required for property located in Broward.
- Disputes and Will Contests: Can significantly extend the probate timeline.
Costs and Timelines in Broward
- Court filing fees: $400–$500.
- Attorney fees: Often 3% of estate value (Florida allows statutory fees, but many attorneys charge hourly or flat fees).
- Other costs: Newspaper publication ($300–$400), appraisals, accounting fees.
- Timeline: Summary administration can take 1–3 months; formal administration often lasts 6–12 months or longer if contested.
Common Pitfalls
- Failing to file the original will with the court within 10 days of death.
- Misidentifying which assets are probate vs. non-probate.
- Missing creditor deadlines.
- Not accounting for homestead rights and spousal elective share.
- Overlooking ancillary probate for out-of-state property.
Resources for Broward Probate
- Broward County Clerk of Courts Probate Division
- Seventeenth Judicial Circuit Court Probate Procedures (PDF)
- Florida Statutes, Chapters 731–735
- Broward Probate Division Locations: Courthouse at 201 S.E. 6th Street, Fort Lauderdale, FL 33301.
FAQ
Q: How long does probate usually take in Broward County?
A: Simple cases (summary administration) can take a few months; formal probate usually lasts 6–12 months.
Q: Can probate be avoided?
A: Yes, with proper estate planning tools such as revocable living trusts, joint ownership, and beneficiary designations.
Q: What happens if no one steps forward as personal representative?
A: The court can appoint a qualified person, often a creditor or public administrator.
Conclusion
Probate in Broward County follows a structured process, but the details can be complex. Understanding the steps, timelines, and local rules can save stress and prevent costly mistakes. For larger estates or cases involving disputes, consulting with a probate attorney is strongly recommended.
