If you have recently lost a loved one, you will know that grief can be all-consuming, leaving you with little capacity to deal with the complicated administrative processes that follow a family member’s passing. Indeed, it is completely normal to feel overwhelmed as you try to adjust to life without your loved one, while also planning their funeral, taking care of medical expenses, sorting through their belongings, and so on.
At the Law Offices of Gary I. Handin, P.A., we strive to give you one less thing to worry about in your time of bereavement: our experienced probate attorney will ensure that all probate proceedings will be diligently and comprehensively taken care of so that you can focus on healing after your loss.
Based in Coral Springs, our probate attorney has assisted hundreds of families from Parkland, Tamarac, Margate, and the broader Broward County area with compassionate legal representation since 1969, and would be honored to do the same for you and your family.
What Is Probate?
Under Florida law, if a person owns any assets solely in their name at the time of their passing, their estate must go through a court-supervised legal process called probate. Governed by the Florida Probate Code (Chapters 731–735 of the Florida Statutes), probate serves three primary purposes:
- Identifying and inventorying the decedent’s assets
- Settling debts and creditor claims against the estate
- Distributing remaining assets to the rightful beneficiaries or heirs
Probate is required regardless of whether the deceased person left a valid will (testate) or died without one (intestate). It is also required when the decedent co-owned assets with another individual but no provision was made for automatic succession of ownership on death.
In some cases, probate may not be necessary — for example, where the deceased carefully planned to avoid probate proceedings through the use of revocable living trusts, joint ownership with rights of survivorship, beneficiary designations on financial accounts, or other estate planning mechanisms.
Importantly, under Florida Statutes §733.212, the personal representative of the decedent’s estate is required to retain a Florida probate attorney to represent them throughout the proceedings. The only exception is when the personal representative is also the sole beneficiary of the estate.
Types of Probate Administration in Florida
Florida law provides several pathways for administering a decedent’s estate, each suited to different circumstances. Understanding which type applies to your situation is one of the first steps a probate attorney will take on your behalf.
Summary Administration
Summary administration, governed by Florida Statutes §735.201, is a simplified and expedited probate process. It is available when either of the following conditions is met:
- The total value of the estate’s probate assets (excluding homestead property) does not exceed $75,000, or
- The decedent passed away more than two years ago
Summary administration does not require the appointment of a personal representative. Instead, the court issues an order directing the distribution of assets directly to the beneficiaries. This makes the process significantly faster and less expensive than formal administration — often concluding within a matter of weeks rather than months.
Our Coral Springs probate attorney recommends summary administration when the decedent’s will is uncontested, there are few or no creditor claims, and all beneficiaries are in agreement. If disputes exist among beneficiaries or there are significant creditor claims, formal administration is the more appropriate route.
Formal Administration
Formal administration, governed by Florida Statutes §733.103, is the standard probate process for estates that do not qualify for summary administration. It is the most comprehensive form of probate and involves several steps overseen by the circuit court in the county where the decedent resided.
During formal administration, the court appoints a personal representative who is responsible for managing the estate throughout the process. This includes identifying and protecting assets, notifying creditors, paying valid debts and taxes, and ultimately distributing assets to the beneficiaries according to the will — or according to Florida’s intestacy statutes if no valid will exists.
Formal administration typically takes six to twelve months, though contested estates or those with complex asset structures can take longer. If your loved one’s estate requires formal probate administration, you want the most experienced probate attorney in Coral Springs by your side to navigate creditor disputes, taxation complications, and any challenges to the will.
Ancillary Administration
When a person who resided in another state owned real property or tangible personal property in Florida at the time of their death, Florida requires a separate probate proceeding called ancillary administration. This process, governed by Florida Statutes §734.102, runs alongside the primary probate proceeding in the decedent’s home state and specifically addresses the Florida-based assets.
Ancillary administration is common among snowbirds and out-of-state investors who own condominiums, vacation homes, or rental properties in Florida. Having a Florida probate attorney who handles out-of-state probate matters is essential, as your attorney must coordinate with the primary probate proceeding in the other state while satisfying all Florida-specific requirements.
Disposition Without Administration
Florida Statutes §735.301 provides for “disposition without administration” — the simplest form of estate resolution. This option is available when the estate’s assets consist only of property that is exempt from creditor claims (such as homestead property), personal property exempt under Florida law, and assets that do not exceed the cost of preferred funeral expenses and reasonable medical and hospital expenses from the last 60 days of the decedent’s illness.
This is the least common pathway, but when it applies, it allows the estate to be settled without any formal court-supervised probate process.
The Florida Probate Process: Step by Step
Understanding what to expect during probate can help alleviate some of the uncertainty during an already difficult time. While every estate is different, formal administration in Florida generally follows these steps:
1. Filing the Petition
The probate process begins when a petition is filed with the circuit court in the county where the decedent resided. If the decedent left a will, the original will must be filed with the court. The petition requests the court to admit the will to probate and appoint a personal representative.
2. Appointment of the Personal Representative
The court reviews the petition and, if everything is in order, issues Letters of Administration appointing the personal representative. In Florida, the personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. Under Florida Statutes §733.301–§733.305, the person named in the will typically has priority for appointment, followed by the surviving spouse and then other beneficiaries.
3. Notifying Creditors and Beneficiaries
The personal representative must publish a Notice to Creditors in a local newspaper and serve a copy on all known or reasonably ascertainable creditors (Florida Statutes §733.2121). Creditors then have three months from the date of first publication (or 30 days from the date they were served notice, whichever is later) to file claims against the estate. Beneficiaries must also be formally notified of the administration.
4. Inventorying and Protecting Assets
Within 60 days of appointment, the personal representative must file an inventory of the estate’s assets with the court (Florida Statutes §733.604). This includes real property, bank accounts, investment accounts, vehicles, personal property, and any other assets owned by the decedent. The personal representative is responsible for safeguarding these assets throughout the probate process.
5. Paying Debts, Taxes, and Expenses
Valid creditor claims must be paid from the estate’s assets in the order of priority established by Florida Statutes §733.707. This includes funeral expenses, administration costs, debts and taxes. The personal representative must also file a final federal income tax return for the decedent and, in rare cases involving estates exceeding the federal exemption threshold, a federal estate tax return.
6. Distributing Assets and Closing the Estate
Once all debts and taxes are settled, the personal representative prepares a final accounting and petitions the court for authority to distribute the remaining assets to the beneficiaries. After distribution, the personal representative files a receipt from each beneficiary and petitions the court to discharge them from their duties, officially closing the estate.
How Long Does Probate Take in Florida?
The duration of probate depends on the type of administration, the complexity of the estate, and whether any disputes arise:
- Summary administration: Typically 2–4 weeks from filing to court order
- Formal administration (uncontested): Generally 6–9 months
- Formal administration (contested or complex): 12–24 months or longer
The three-month creditor claim period is the primary factor that establishes the minimum timeline for formal administration. Delays commonly arise from incomplete asset inventories, disputes among beneficiaries, contested wills, unresolved creditor claims, or issues with real property titles. An experienced probate attorney can help minimize these delays by ensuring all filings are accurate and timely.
What Does Probate Cost in Florida?
Probate costs in Florida include several components, and understanding them upfront helps families plan accordingly:
- Court filing fees: Typically $400–$500 for formal administration in Broward County
- Notice to Creditors publication: Approximately $150–$250 depending on the newspaper
- Attorney fees: Florida Statutes §733.6171 provides a framework for reasonable attorney fees in probate matters, which are generally based on the compensable value of the estate. Attorney fees are paid from the estate, not out-of-pocket by the family
- Personal representative fees: Under Florida Statutes §733.617, the personal representative is entitled to reasonable compensation, also based on the estate’s value
- Miscellaneous costs: These may include certified copies of documents, title searches, appraisals, and accounting fees
Summary administration is significantly less expensive due to its streamlined nature. Formal administration costs more, particularly for larger or contested estates. During your initial consultation, our probate attorney will provide a clear explanation of the anticipated costs based on the specific circumstances of your loved one’s estate.
Florida Homestead and Probate
Florida’s homestead laws, found in Article X, Section 4 of the Florida Constitution, have significant implications for probate. The decedent’s primary residence — their homestead — receives special protections:
- Creditor protection: Homestead property is generally exempt from forced sale to satisfy creditor claims (with limited exceptions for mortgages and property taxes)
- Restrictions on devise: If the decedent is survived by a spouse or minor children, homestead property cannot be freely devised in a will — it must pass to the surviving spouse or descend to the children
- Tax exemption: Homestead property may also be exempt from estate taxes to the extent it qualifies
These protections are substantial, but they also create complexity. A common issue arises when a decedent’s will attempts to leave the homestead to someone other than the surviving spouse — Florida law will override the will in this situation. Our probate attorney has extensive experience navigating homestead issues in Broward County and will ensure your family’s homestead rights are properly protected throughout the probate process.
Duties of the Personal Representative
Under Florida law, the personal representative bears significant legal responsibilities. (Note: in Florida, the correct legal term is personal representative, not executor — though many people use the terms interchangeably.) These duties include:
- Identifying, locating, and securing all assets of the estate
- Filing an inventory with the court within 60 days of appointment
- Publishing the Notice to Creditors and serving known creditors
- Reviewing, objecting to, or paying creditor claims
- Filing all required tax returns (income, estate, and gift tax as applicable)
- Keeping accurate records of all financial transactions
- Distributing assets to beneficiaries in accordance with the will or Florida’s intestacy laws
- Filing a final accounting with the court
The personal representative has a fiduciary duty to the beneficiaries, meaning they must act with the utmost good faith and in the best interests of the estate. Failure to fulfill these duties can result in personal liability. Having a knowledgeable probate attorney guiding you through each step is essential to avoid costly mistakes.
Why Hire a Coral Springs Probate Attorney?
After more than 50 years of service as a probate attorney in Coral Springs and surrounding areas, Gary I. Handin appreciates that many grieving families are unaware of the intricacies of the probate process. Yet understanding what to expect from your attorney is essential to ensuring you receive proper legal representation.
An experienced probate attorney provides value in several critical areas:
- Court familiarity: Your attorney should be intimately familiar with the probate procedures in Broward County’s circuit court, including the specific administrative requirements of the clerk’s office
- Document preparation: Probate involves numerous filings — petitions, inventories, accountings, notices, and orders. Even a minor error can cause lengthy delays
- Creditor negotiations: When creditors file claims against the estate, your attorney can review each claim for validity and object to those that are improper or inflated
- Dispute resolution: If family members contest the will or disputes arise among beneficiaries, your attorney can represent the personal representative in court proceedings
- Tax compliance: Proper handling of income tax returns, potential estate tax obligations, and related tax matters
- Asset protection: Ensuring that homestead, exempt property, and family allowance rights are properly claimed and protected
Our Probate Services
The Law Offices of Gary I. Handin, P.A. handles all aspects of probate and estate administration throughout Florida, including:
- Summary and formal administration
- Ancillary administration for out-of-state decedents with Florida property
- Will contests and estate litigation
- Creditor claim disputes
- Trust administration and disputes
- Homestead determinations
- Small estate proceedings
- Guardianship of incapacitated persons’ property
We also work closely with our estate planning and real estate practices to provide comprehensive support when an estate includes Florida real property, business interests, or complex asset structures.
Frequently Asked Questions About Probate in Florida
Is probate required in Florida if there is a will?
Yes. Having a will does not avoid probate. A will must be admitted to probate through the court system in order for the personal representative to have legal authority to act on behalf of the estate. The only way to avoid probate entirely is through non-probate transfer mechanisms such as revocable living trusts, joint tenancy with rights of survivorship, or properly designated beneficiaries on financial accounts.
What happens if someone dies without a will in Florida?
When a person dies without a valid will (intestate), their assets are distributed according to Florida’s intestacy statutes (Florida Statutes §732.101–§732.111). Generally, if the decedent is survived by a spouse and no descendants, the surviving spouse inherits everything. If there are descendants, the distribution depends on whether the descendants are also descendants of the surviving spouse. The probate process is still required — the court simply applies the statutory distribution scheme rather than the decedent’s wishes.
Can I serve as personal representative if I live out of state?
Florida Statutes §733.304 limits who may serve as a personal representative. A person who is not a Florida resident may serve if they are a legally adopted child or adoptive parent of the decedent, related by lineal consanguinity (direct ancestor or descendant) to the decedent, a spouse, brother, sister, uncle, aunt, nephew, or niece of the decedent, or the spouse of any such person. A non-resident who does not fall into one of these categories cannot serve as personal representative of a Florida estate.
How long do creditors have to make claims against an estate?
Under Florida Statutes §733.702, creditors who receive a copy of the Notice to Creditors have 30 days to file their claims. Creditors who learn of the probate through the published notice have three months from the date of first publication. Any claims filed after these deadlines are barred. Additionally, Florida Statutes §733.710 sets an absolute two-year statute of limitations — no creditor claim may be filed more than two years after the decedent’s death.
What assets are exempt from probate in Florida?
Several types of assets pass outside of probate: assets held in a revocable living trust, jointly owned property with rights of survivorship, life insurance proceeds with a named beneficiary, retirement accounts (IRAs, 401(k)s) with designated beneficiaries, payable-on-death (POD) bank accounts, and transfer-on-death (TOD) investment accounts. Homestead property may also be exempt from the claims of most creditors, though it typically must still pass through probate to establish the surviving spouse’s or heirs’ ownership rights.
Can a will be contested in Florida?
Yes. A will may be contested on several grounds, including: the decedent lacked testamentary capacity (mental competence) at the time the will was signed, the will was procured through undue influence or fraud, the will was not properly executed under Florida’s witnessing requirements (Florida Statutes §732.502), or a later will exists that revokes the earlier one. Will contests can significantly extend the probate timeline and require experienced litigation representation.
What is the difference between probate and estate planning?
Estate planning happens during your lifetime — it involves creating wills, trusts, powers of attorney, healthcare surrogates, and other legal instruments to direct how your assets will be handled after your death. Probate is the court process that occurs after death to administer the estate. Proper estate planning can minimize or eliminate the need for probate and can significantly reduce the time and cost of settling an estate.
Do I need an attorney for probate in Florida?
In most cases, yes. Florida Statutes §733.212 requires the personal representative to be represented by a Florida-licensed attorney during probate proceedings, unless the personal representative is the sole beneficiary. Even in summary administration cases, having an attorney prepare and file the petition ensures accuracy and avoids costly errors or delays.
Contact Our Coral Springs Probate Attorney
The Law Offices of Gary I. Handin, P.A. has represented countless Florida families in probate proceedings — both contested and uncontested — since 1969. Our practice extends throughout Florida, with particular depth in Broward County and the communities of Coral Springs, Parkland, Tamarac, and Margate.
We strive to provide meticulous, efficient, and compassionate legal representation during one of life’s most difficult transitions. Whether you are facing a straightforward summary administration or a complex contested estate, our probate attorney has the experience and local knowledge to guide you through every step of the process.
To discuss your probate matter, call us today at 1-877-815-4560 or 954-796-9600.