Weston Probate Attorneys
Probate Process for Residents & Non-Residents in Weston, FL
When a loved one passes away owning a home in Weston or assets held in their sole name, Florida law requires a court-supervised process before those assets can reach the people who inherit them. Finding a Weston probate attorney who handles these cases every day makes that process faster, clearer, and far less stressful.
At Florida Probate Law Firm, we focus only on probate and estate administration, and we serve families throughout Weston and all 67 Florida counties using a modern, fully electronic process.
We know you are grieving, and we see the weight you are carrying. Our attorneys, Thomas R. Walser and Michael Bracchi, personally guide you from the first phone call through the final distribution of the estate, so you are never handed off to junior staff. Call us at (561) 210-5500 for a free consultation, and let us handle the court filings while you focus on your family.
What Does a Weston Probate Attorney Do?
A Weston probate attorney opens the estate with the court, guides the personal representative through their legal duties, and moves the case forward until assets are lawfully distributed. Florida requires an attorney for almost every formal probate case, so this is not a step you can skip.
Our role begins the moment you reach out. We review the will, identify which assets must pass through probate, and determine whether your case qualifies for a simpler process or requires full court supervision.
From there, we prepare and file the petition, publish the required notice to creditors, help inventory the estate, and respond to the court’s requests. We keep you informed at every step, so you always know what is happening and what comes next.
Because Weston sits within Broward County, your case will typically run through the Broward court system. You can learn more about our Broward County probate services, which cover every city in the county from a single, coordinated process.
The Three Types of Florida Probate
Florida offers three paths through probate, and the right one depends on the size and makeup of the estate. Knowing which applies to your situation can save months of time and thousands of dollars.
- Formal administration: Used for estates valued over $75,000 or with complex assets. A personal representative is appointed, and the court supervises the case throughout, which usually takes six to 12 months.
- Summary administration: Available when the estate is under $75,000, or when the person has been deceased for more than two years. This is a simplified process, and it often finishes in four to six months.
- Disposition without administration: Reserved for very small estates, generally under $6,000 in personal property. It reimburses limited costs like funeral or medical bills and requires no formal probate.
During your free consultation, we tell you which type of administration fits your case and give you a preliminary estimate of the court costs involved. That clarity up front helps you plan with confidence.
How Long Does Probate Take in Weston?
Most Weston probate cases move much faster than people expect, with summary administration often wrapping up in four to six months and formal administration in six to 12 months. Probate is not the multi-year ordeal many families fear, especially when an attorney who knows the system handles it.
We have moved more than 1,000 probate cases through Florida courts in just the last five years, roughly 200 a year. That volume means we have seen how the Florida probate process behaves in real courtrooms, and we know how to keep a case on track.
The timeline also depends on how quickly paperwork gets signed. We work on fast timelines and push each case forward as soon as the family is ready, and we prepare pleadings in as little as 24 to 48 hours.
You do not need every family member on the same page before we begin. We get the clock running legally, so the process keeps moving even while relatives sort out their own questions.
Probate for Weston’s Larger Estates and Homes
Weston is one of the most established planned communities in Broward County, and many of its estates include valuable homes, investment properties, and financial accounts. Larger estates tend to raise more questions, and that is exactly the kind of case we handle well.
Florida’s constitutional homestead protection often plays a central role for Weston families. Under the Florida Constitution, a primary residence is shielded from most creditors, and it passes by operation of law rather than simply through the will when a spouse or minor children survive.
These rules protect families, but they can complicate inheritance, particularly for blended families or homes owned before a second marriage. We explain how homestead descent applies to your property in plain language, so you understand who receives what and why.
Selling a homestead property during probate may require court approval and agreement among protected beneficiaries. We coordinate these steps carefully, because a small misstep on a high-value home can create long delays.
Florida also gives a surviving spouse the right to claim 30% of the elective estate, even if the will leaves them nothing. Under Florida Statutes Chapter 732, the elective estate can include trust assets and certain lifetime transfers, not just what passes through probate.
For families with children from a prior marriage, this rule can significantly change who inherits and how much. We calculate the elective estate carefully and advise on the strict six-month deadline to file, so no one is caught off guard by a claim they did not expect.
Creditor Claims and Family Debt Concerns
One of the most common worries we hear is whether children must personally pay a deceased parent’s debts. In most cases, the answer is no, and we make sure you never pay a bill you are not legally responsible for.
Florida law sets a three-month window for creditors to file claims after notice is published, along with a two-year cutoff from the date of death under Florida Statutes Chapter 733. We review every claim, object to improper ones, and pay only what is valid from estate funds.
This protects the inheritance meant for the family. Part of our job is standing between grieving relatives and the pressure of collectors who may contact them directly.
We document each step of the claims process because careful records protect both you and the estate. When a personal representative acts on clear legal guidance, they are shielded from personal liability.
Why Do Weston Families Choose Our Firm?
Weston families choose us because we do one thing and do it with focus: Florida probate and estate administration. We are not a general practice that dabbles in probate between other cases.
Think of it like your health. When something is truly serious, you want a cardiologist, not a family doctor who treats a little of everything. We bring that same focused attention to every estate we handle.
- Direct partner access: You speak with attorney Thomas R. Walser or Michael Bracchi from day one, not a rotating cast of paralegals.
- Fully electronic process: Scan and email your documents, sign online, and skip the trip to an office. We handle e-filing with the court for you.
- Transparent hourly billing: We bill for our time at $295 per hour for attorneys, and we do not charge a percentage of your inheritance.
- Statewide reach with local knowledge: We handle cases in all 67 counties and understand the procedural quirks of each Florida court.
Michael also brings something personal to this work, having lost both of his own parents and understanding the loss that comes with it. That lived experience shapes how we treat every family. Call (561) 210-5500 to speak with a partner today.
Fair, Transparent Fees and Related Services
We believe you should keep as much of your inheritance as possible, so we bill by the hour rather than taking a slice of the estate. Charging a percentage of an estate’s value is an outdated model that we choose not to use.
A larger home should not mean a larger legal bill simply because the property is worth more. Our hourly structure is often well below the reasonable fee allowed under Florida statute, and we explain the numbers clearly before you commit.
Not every estate requires court probate. When a revocable living trust is involved, we assist with trust administration, including beneficiary notices, accountings, and distributions under the Florida Trust Code.
We also serve as a professional personal representative when a neutral party is needed, and we connect families with vetted appraisers, realtors, and cleanup services. Think of us as a single point of contact who keeps the entire estate moving.
Serving Weston and Nearby Broward Communities
Our fully remote process means we serve Weston families without ever requiring an in-person visit. We also maintain offices in Boca Raton and Fort Lauderdale, keeping us close to the Broward courts your case will pass through.
We regularly help families in the communities surrounding Weston as well, including nearby Coral Springs, where the same Broward County procedures apply. Wherever you are in the county, the process runs through our coordinated, electronic system.
Because everything happens online, distance is never a barrier. Whether you live near the edge of the Everglades in western Weston or you are managing an estate from out of state, we handle the filings and keep you updated throughout.
Our secure online portal lets you upload documents, sign petitions, and track your case from a phone or laptop. We moved to a fully digital workflow after learning how much time it saves grieving families, and it lets us serve international clients just as easily as local ones.
FAQs Answered by a Probate Attorney in Weston
In almost every formal probate case, yes. Florida law requires the personal representative to be represented by an attorney, and having one from the start helps you avoid filing errors that cause delays. We handle this requirement for families throughout Weston and Broward County.
Costs vary based on the estate’s size and complexity, but we bill by the hour rather than taking a percentage of the estate. During your free consultation, we give you a preliminary estimate that includes court costs, so you know what to plan for before moving ahead.
Yes. Our process is fully electronic, from signing documents to e-filing with the court, so you can complete a standard probate administration entirely from home. This is especially helpful for families managing an estate from another city or state.
When someone dies without a will, Florida’s intestacy laws decide who inherits, and probate is still required. We guide the family through the same court process, identify the lawful heirs, and make sure assets pass according to state law.
No, and this is one of the biggest misconceptions we correct. A will is a set of instructions for the court, not a substitute for the court process, so an estate with a will still goes through probate. Only certain tools, such as trusts and beneficiary designations, let assets pass outside of probate.
Ancillary probate is a separate Florida proceeding required when someone who lived in another state dies owning Florida real estate. If a relative outside Florida owned a Weston home, we open ancillary probate here and coordinate with the estate handled in their home state.
Often within a day or two of your consultation. We prepare pleadings in as little as 24 to 48 hours and file as soon as you sign, because getting the clock running early keeps the whole case on schedule.
Speak With a Weston Probate Attorney Today
You do not have to face the Florida probate courts alone, and you do not have to wait to get answers. Our attorneys personally review your case, explain your options in language that makes sense, and handle the filings from start to finish.
We serve Weston and all 67 Florida counties with a modern, fully electronic process and transparent hourly billing, so you always know where your case stands and what it costs.
Call Florida Probate Law Firm at (561) 210-5500 for your free consultation, or email us at info@floridaprobatefirm.com. Let us steer the boat while you focus on your family.
