Fort Lauderdale Probate Attorneys
Probate Process for Residents & Non-Residents in Fort Lauderdale
Losing a loved one is hard enough without a court process standing in your way. At Florida Probate Law Firm, our Fort Lauderdale probate lawyers help Broward County families settle estates quickly, clearly, and with real care. We handle the court filings, deadlines, and communication, so you can focus on your family.
Probate is the legal process of transferring a person’s assets after death, and in Florida, it usually requires an attorney. As a probate-focused Fort Lauderdale probate attorney team, we do one thing, and we do it every day. Call us at (561) 210-5500 for a free consultation, and we will tell you exactly where your case stands.
How a Fort Lauderdale Probate Lawyer Helps You
A Fort Lauderdale probate lawyer opens the estate, meets every court deadline, and moves your case to final distribution, so assets reach the right people. That is the short version. Here is what it looks like day to day.
Florida probate involves petitions, creditor notices, asset inventories, and court hearings, each with its own timeline. Miss one step, and a case can stall for months. We manage the full process from the first filing to the final order.
Our attorneys handle the paperwork and the court contact, while keeping you informed in plain language. You should never feel lost in your own loved one’s case. We make sure you always know what is happening and why.
Our work for Broward County families usually includes:
- Filing the petition for administration in the correct Florida court
- Publishing and mailing the required notice to creditors
- Preparing the asset inventory and arranging any needed appraisals
- Reviewing creditor claims and objecting to improper ones
- Completing the final accounting and distributing property to beneficiaries
The first step is always the free consultation. We listen to your situation, review the assets involved, and explain in plain terms whether your case qualifies for summary or formal administration. You will leave that conversation with a clear sense of the timeline, the likely court costs, and the next steps.
From that first phone call to the final distribution, we keep every deadline on track, so nothing catches your family by surprise.
What Does the Florida Probate Process Involve?
Florida probate follows a clear path: open the estate, notify creditors, inventory assets, pay valid debts, and distribute what remains. The state sets firm deadlines along the way, and an attorney keeps everything on schedule.
The process begins when we file a petition with the circuit court in the county where your loved one lived. For Broward County residents, that means the probate division of the 17th Judicial Circuit court in downtown Fort Lauderdale. Once the court appoints a personal representative, the real work begins.
We then publish notice to creditors in a local newspaper, which opens a three-month window for creditors to file claims. Under Florida’s probate code, a two-year limit from the date of death also applies to unknown creditors. This step protects the estate from surprise claims later on.
Next, we prepare the inventory, which Florida law requires within 60 days of appointment. After valid debts and expenses are paid, we complete the final accounting and distribute the remaining assets to the beneficiaries. Only then does the court close the estate.
Assets That Must Go Through Florida Probate
Assets owned in your loved one’s name alone, without a named beneficiary, generally must go through Florida probate. Property with a built-in transfer, such as a joint account or a life insurance policy with a listed beneficiary, usually passes outside the process.
Knowing which assets are involved helps you understand what to expect. Common probate assets include:
- Bank accounts held only in the deceased person’s name
- Real estate titled solely to the deceased, including a Fort Lauderdale home or condo
- Vehicles, jewelry, and other personal property without a co-owner
- Investment accounts with no payable-on-death or transfer-on-death designation
During your free consultation, we review the full list of assets and tell you clearly which ones must pass through probate and which do not.
The Three Types of Florida Probate Administration
Florida offers three paths through probate, and the right one depends on the size and complexity of the estate. Choosing correctly can save your family months of court time.
Here is how the three options compare:
- Formal administration: Required for estates over $75,000 or with complex assets. The court appoints a personal representative and supervises the process, which usually takes six to 12 months.
- Summary administration: Available for estates under $75,000 to $150,000, or when the person has been deceased for more than two years, under Florida’s summary administration statute. This simpler path often finishes in four to six months.
- Disposition without administration: Reserved for very small estates, generally under $6,000 in personal property, where no full probate is needed.
We review your loved one’s assets during the free consultation and tell you which path fits, along with a preliminary estimate of court costs.
Understanding the Personal Representative's Role
The personal representative is the person the court appoints to manage the estate, and Florida gives this role real legal duties. Other states call this person the executor. We guide personal representatives through every responsibility, so they stay protected.
A personal representative gathers the assets, pays valid debts, files any required tax returns, and distributes what remains to the beneficiaries. These are fiduciary duties, which means the law holds the representative to a high standard of honesty and care. A single misstep can create personal liability, so steady guidance matters.
For families without a willing or available representative, we can also serve as a professional personal representative ourselves. This neutral, attorney-led option often eases tension among relatives and keeps the estate on schedule. We take on that responsibility with the same care we bring to every case.
What Makes Florida Probate Different From Other States?
Florida probate has its own rules, and the biggest surprise for many families is the state’s homestead protection. These rules protect families, but they add steps that catch out-of-state executors off guard.
Florida’s constitutional homestead protection shields a primary residence from most creditors, and it also controls who inherits the home. If your loved one left a spouse or minor children, the home often passes by law rather than by the will. This happens no matter what the will says.
Another difference is the elective share. Under Florida law, a surviving spouse can claim 30% of the estate even if the will leaves them nothing, and the claim carries a strict filing deadline. Blended families in particular need careful guidance here.
Because Michael is licensed in Florida, New York, New Jersey, and Washington, D.C., we regularly explain why Florida is, as he puts it, a completely different beast. That cross-state view helps families settling a Florida estate from somewhere else.
How Long Does Probate Take in Fort Lauderdale?
Most Fort Lauderdale probate cases finish faster than families expect, often within five to six months. Probate has a reputation for dragging on for years, but that usually happens when no one pushes the case forward.
Over the last five years, we have handled more than 1,000 probate cases, which is roughly 200 a year. That volume means we have already seen the unusual situations that slow other cases down. We know how to keep them from becoming delays.
We open most estates within about one month of being retained, then move at the pace your family can sign paperwork. Because our office runs on a fully electronic system, there is no need to visit us in person or attend hearings for a standard administration. Speed and care do not have to be a trade-off.
A Modern, Fully Electronic Probate Process
Our tech-forward process lets you handle your entire Florida probate case from home. Digital signatures, a secure online document portal, and virtual meetings replace the trips to a law office that older firms still require.
After COVID reshaped how legal work gets done, we moved to a fully electronic workflow. You can scan and send documents to our secure online mailbox, sign pleadings digitally, and meet with your attorney by video. This approach serves families across all 67 Florida counties, and even clients living overseas.
For a standard probate administration, you will not need to set foot in a courthouse. We prepare pleadings, often within 24 to 48 hours, and e-file them with the court on your behalf. That efficiency keeps your case moving while respecting your time.
Serving Fort Lauderdale and All of Broward County
We serve families throughout Fort Lauderdale and the surrounding Broward County communities, with a statewide reach that covers all 67 Florida counties. Whether the estate sits near Las Olas Boulevard, along the New River, or out toward the beach, we can handle it.
Our team knows the local court routines, including the procedural habits of the probate division at the Broward County Courthouse. That familiarity helps cases move without the extra back-and-forth that unfamiliar attorneys often run into. Local knowledge saves real time.
We also help families in nearby cities, including Coral Springs and communities across the region, as part of our Broward County probate services. From our Fort Lauderdale and Boca Raton offices, we manage estates anywhere in the state. Distance is never a barrier to getting started.
Why Choose a Fort Lauderdale Probate Lawyer from Florida Probate Law Firm?
When you hire us, you work directly with attorneys Thomas Walser and Michael Bracchi, not junior staff. Every case receives partner-level attention from the very first call. We built our firm around one focus: Florida probate and estate administration.
A few things set our approach apart:
- Probate focus only: We concentrate entirely on probate, the way a cardiologist concentrates on the heart instead of practicing general medicine.
- Transparent hourly billing: We bill for our time, not a percentage of your inheritance, so the cost reflects the actual work involved.
- Modern, tech-forward process: Digital signatures, secure file sharing, and virtual meetings keep your case moving.
- Real understanding: Michael has lost both of his parents, so he knows the lost feeling families carry, and he brings that empathy to every case.
Michael earned his law degree from St. John’s University and also holds a Doctor of Pharmacy, a background that shaped his precise, detail-driven approach. Thomas earned his law degree from New York University with a focus on trusts and estates. Together, they give Broward County families steady, informed guidance. Call (561) 210-5500 to speak with a partner today.
FAQs Answered by Our Probate Attorney in Fort Lauderdale, FL
In most cases, yes. Florida law requires a licensed attorney to represent the personal representative in a formal probate administration, except in rare situations where a single person inherits everything. A probate attorney also helps summary administration cases move smoothly through the court.
No, and this surprises many families. A will does not take effect until a court reviews it and a judge approves it, so the estate still goes through probate whether a will exists or not. A will simply tells the court how your loved one wanted their assets distributed.
Generally, no. In most cases, children are not personally responsible for paying a parent’s debts, which are instead paid from the estate’s assets during probate. We often help families avoid paying bills they are not legally required to pay.
When someone dies without a will, Florida’s intestacy laws decide who inherits. These laws follow a set order, usually starting with the spouse and children, and probate is still required to transfer the assets. We help families apply these rules correctly.
Yes. Our fully electronic process lets us represent personal representatives and beneficiaries who live in another state, or even another country. You can sign documents, share files, and meet with us online without traveling to Florida.
Ancillary probate is a separate Florida proceeding needed when someone who lived in another state dies owning property in Florida. If your loved one owned a Fort Lauderdale condo or other Florida real estate but lived elsewhere, we can open ancillary probate here while the main estate is handled in their home state.
Ready to Move Your Fort Lauderdale Probate Forward?
You do not have to face Florida probate alone, and you do not have to wait to begin. Our Fort Lauderdale probate attorneys are ready to open your case, handle the court process, and keep your family informed at every step. We serve all 67 Florida counties from our Fort Lauderdale and Boca Raton offices.
Call us today at (561) 210-5500 or schedule a consultation to speak directly with a partner. There is no cost for your initial consultation, and we will tell you exactly what your case needs to move forward.
