Delray Beach Probate Attorneys
Probate Process for Residents & Non-Residents in Delray Beach
When someone you love passes away in Delray Beach, the last thing you should have to worry about is a courtroom. A Delray Beach probate attorney at Florida Probate Law Firm helps you move an estate through the Palm Beach County court system, so you can focus on your family instead of legal paperwork.
We handle probate and estate administration for families across Delray Beach and all 67 Florida counties, using a modern, technology-driven process that keeps you out of the courthouse and informed at every step.
You are likely dealing with grief, questions, and a stack of documents you never asked for. Our job is to make the legal side simpler, so you can spend your energy where it matters most. From the first phone call, you speak directly with a partner who explains Florida probate in plain language and handles the court process on your behalf. If you are ready to begin, call us at (561) 210-5500 for a free consultation.
What Does a Delray Beach Probate Attorney Do?
A Delray Beach probate attorney guides your family through the legal process of settling a loved one’s estate under Florida law. Probate is the court-supervised process of validating a will, paying debts, and transferring property to the people who inherit it.
When a Delray Beach resident dies owning assets in their sole name, those assets usually cannot be transferred until the probate court signs off. Our role is to prepare the court filings, track the deadlines, and keep the estate moving, so beneficiaries receive what they are owed.
We take care of the tasks most families find confusing, including:
- Filing the petition for administration with the Palm Beach County Circuit Court
- Publishing the required notice to creditors and responding to any claims
- Preparing the estate inventory and arranging appraisals the court requires
- Paying valid debts and taxes before the estate closes
- Distributing the remaining property to the beneficiaries
You do not have to learn Florida’s probate rules on your own. The process is governed by Florida Statutes Chapter 733, and we handle each step for you, from the first filing to the final distribution, so the process stays on track.
How Long Does Probate Take in Florida?
Most Florida probate cases we handle finish in about five to six months, though the timing depends on the type of administration and the assets involved. Many families believe probate drags on for years, but in our practice that is rarely true when an attorney knows the local court and keeps the file moving.
We typically open an estate within the first month and complete a straightforward administration in five to six months. Two things tend to slow a case down: complex assets and family disagreement.
You do not need every relative on the same page to begin. We can start the legal process and keep the clock running even while a family is still working things out. Delray Beach cases are filed with the Florida circuit court in Palm Beach County, and knowing how the local court handles filings helps us avoid the small procedural mistakes that cause delays.
Which Type of Florida Probate Applies to Your Case?
Florida offers three paths, and the right one depends mostly on the size and age of the estate. During your free consultation, we review the estate and tell you which option fits.
Florida law provides three forms of probate administration:
- Formal administration: Used for estates worth more than $75,000 or with complex issues. The court appoints a personal representative and supervises the case, which usually runs six to 12 months.
- Summary administration: Available when the estate is worth less than $75,000, or the person died more than two years ago. It is a simpler, faster process, often finishing in four to six months.
- Disposition without administration: A limited option for very small estates, generally under $6,000 in personal property, where no formal probate is needed.
Choosing the right path from the start saves both time and money, and we also give you a preliminary estimate of court costs before any work begins.
Florida Homestead and Delray Beach Property
Florida’s homestead protections often surprise families settling a Delray Beach estate. The state constitution gives a primary residence special protection from most creditors, and it also controls who inherits the home. Under Florida Statutes Chapter 732, a homestead cannot always be left by will if the owner is survived by a spouse or minor children.
For a Delray Beach family, this matters. Many of our clients own a condominium near Atlantic Avenue or a single-family home east of Interstate 95, and those residences frequently qualify as protected homestead. The rules affect how the home is titled, who receives it, and whether court approval is needed to sell it during probate.
Blended families feel these rules most. When there is a surviving spouse and children from a prior marriage, the homestead can pass as a life estate to the spouse, with a remainder to the children, a split that often catches people off guard. We explain exactly how the law applies to your home, so there are no surprises later.
Do You Need a Lawyer for Probate in Palm Beach County?
In almost every Florida probate case, yes, the law requires the personal representative to be represented by an attorney. Florida is different from many other states in this respect.
With very limited exceptions, the person handling the estate cannot file the case alone and must work with a licensed attorney. That is one reason families across Palm Beach County reach out to a Delray Beach probate lawyer early in the process.
Florida probate also carries strict deadlines. The estate inventory is generally due within 60 days of the personal representative’s appointment, and the creditor claims period runs three months from the first published notice. Missing these dates can create personal liability for the person running the estate.
Working with a probate attorney in Delray Beach FL from the start protects both the estate and the person serving as personal representative. We track every deadline, so you do not have to.
Estate Taxes and Florida Probate
Here is good news for most families: Florida has no state estate tax, and only a small number of estates owe any federal estate tax at all. Florida repealed its estate tax years ago, so there is no separate state death tax to account for. At the federal level, only very large estates owe tax, and most Delray Beach estates fall well under the threshold. You can review the current federal rules on the IRS estate tax page.
Even so, some estates still need to file a federal return, and nearly every estate has income tax matters to handle during administration, often on IRS Form 1041. We prepare the necessary filings and coordinate with your accountant, so nothing is missed.
Our Probate Services for Delray Beach Families
We concentrate our entire practice on probate and estate matters, which means we handle the full range of issues a Delray Beach estate can raise.
Our probate and estate services include:
- Formal, summary, and ancillary probate administration
- Trust administration after a death, including accountings and beneficiary notices
- Creditor claim review, objections, and negotiation
- Real estate, bank, and investment account transfers
- Estate and trust tax filings, including federal Form 706 when required
- Estate planning for survivors after they receive an inheritance
- Serving as a neutral personal representative when a family needs one
Whether your case is a simple summary administration or a more complex estate, we can handle it from our Boca Raton office while serving you entirely by phone, email, and secure online portal. You never have to drive to a courthouse or sit in a waiting room.
Ancillary probate deserves a note for our seasonal residents. When someone who lived in another state dies owning a Delray Beach condo or investment property, Florida requires a separate proceeding here, and we coordinate that alongside the primary estate.
Why Choose Us as Your Delray Beach Probate Lawyer
When you hire our firm, you work directly with attorneys Thomas Walser and Michael Bracchi, not a rotating cast of junior staff. Every consultation is handled by a partner, so you get informed answers from day one.
Here is what sets our approach apart:
- Probate-only focus. We handle probate and estate administration and nothing else. Think of it like seeing a cardiologist instead of a general practitioner when your case calls for it.
- A high-volume practice. We have handled more than 1,000 probate cases in the last five years, so the unusual situations that stump a general firm are familiar to us.
- Transparent hourly billing. We bill for our time rather than taking a percentage of your inheritance, which we believe is a fairer approach for grieving families.
- A fully electronic process. From e-signatures to e-filing, we run cases remotely for clients in all 67 Florida counties.
Michael also brings a pharmacist’s training to the work, a field where precision matters and small errors are not acceptable. Having lost both of his own parents, he understands the lost feeling many clients carry. To talk with a partner about your case, call (561) 210-5500.
Serving Delray Beach and Nearby Communities
Our office sits just south of Delray Beach, which makes us a natural choice for families throughout the area. We regularly help clients from Delray Beach, Boca Raton, Boynton Beach, and the surrounding Palm Beach County communities.
Because our process is fully remote, physical distance is never a barrier. We serve Delray Beach residents near the Morikami Museum and Japanese Gardens, families in the historic neighborhoods around Old School Square, and seasonal residents who split their time between Florida and another state. Wherever you are, we handle the entire case electronically.
If your loved one lived in Delray Beach but owned property elsewhere in Florida, or in another state, we coordinate the additional proceedings, so the estate is handled as one smooth process.
FAQs Answered by a Probate Attorney in Delray Beach
No, a will does not avoid probate. A will is essentially a set of instructions that only takes effect once the court accepts it, so an estate with a will still goes through the probate process. What a will does is tell the court who should inherit and who should serve as personal representative.
Generally, no. In most cases, children are not personally responsible for a parent’s debts. Those debts are paid from the estate’s assets during probate, and once the estate runs out, most remaining unsecured debts go unpaid. We often caution families not to pay bills out of their own pocket before speaking with us.
When someone dies without a will, Florida’s intestacy laws decide who inherits. The estate still goes through probate, but the property passes to relatives in an order the statute sets, usually starting with the surviving spouse and children. We help families understand who inherits and handle the same court process for them.
Probate costs vary based on the size and complexity of the estate. Typical expenses include court filing fees, the cost of publishing notice to creditors, and attorney fees. We bill hourly and provide a preliminary estimate during your free consultation, so you know what to expect before moving forward.
Yes, our entire process is electronic. You can scan and email documents to our secure portal, sign electronically, and communicate by phone or video, so you never need to visit a courthouse or our office. This is especially helpful for out-of-state and international families with property here.
A personal representative is the person the court appoints to manage the estate, called an executor in many other states. This person collects assets, pays valid debts and taxes, and distributes what remains to the beneficiaries. Florida law generally requires the personal representative to work with an attorney throughout the case.
Contact Our Delray Beach Probate Attorneys Today
Losing someone you love is hard enough without a confusing court process on top of it. Our probate-focused firm is ready to take that weight off your shoulders, handling every filing, deadline, and distribution while you focus on your family.
We serve Delray Beach and all 67 Florida counties from our nearby Boca Raton office, using a modern, fully electronic process that keeps you informed without ever requiring a courthouse visit.
Call us at (561) 210-5500 or schedule a consultation online. Your first consultation is free, and you will speak directly with one of our attorneys about your Delray Beach probate case.
