Florida Probate Attorney

Quick Answer

Florida probate is the court process that transfers assets titled in a deceased person’s name to the people entitled to them. Estates of $150,000 or less, or where the person died more than two years ago, qualify for summary administration under Florida Statutes §735.201; everything else goes through formal administration, which requires a Florida-licensed attorney under Probate Rule 5.030 and usually takes six to twelve months. Bucelo Diaz Law handles both on flat fees, $4,500 for summary and from $8,500 for formal administration, in all 67 Florida counties, by phone or Zoom, in English and Spanish, starting with a free 30-minute consultation.

When Florida Requires Probate

Probate is required whenever a person dies owning assets in their own name alone that have no built-in way to pass to someone else. A house titled only to the decedent, a bank account with no payable-on-death beneficiary, a car, a brokerage account without a transfer-on-death registration: each of these is a probate asset, and no one can sell, retitle, or collect it until a Florida probate court says who is entitled to it. A valid will does not avoid this; it tells the court how to distribute the probate assets.

Assets that pass outside probate include anything held in a funded revocable living trust, property owned jointly with right of survivorship or as tenants by the entirety, accounts with a named beneficiary, life insurance and retirement accounts, and homestead conveyed by a lady bird deed. Our guides on when probate is required and which assets are exempt walk through the common situations.

Two deadlines start at death whether or not anyone has hired a lawyer. The person holding the original will must deposit it with the clerk of the circuit court within 10 days of learning of the death (F.S. §732.901). And creditors have two years from the date of death to bring claims against the estate, after which they are barred (F.S. §733.710). Very small estates made up only of exempt personal property and enough to cover final medical bills and funeral costs may qualify for disposition without administration under F.S. §735.301, a filing we can help with that involves no court-appointed personal representative at all.

Summary or Formal Administration: Which Track Applies

Florida has two main probate tracks, and the estate itself decides which one applies. The value of the probate assets, how long ago the person died, whether a personal representative is needed to deal with creditors or sell property, and whether the decedent lived in Florida all factor in. A third track, ancillary administration, applies when a non-resident owned Florida real estate.

Summary Administration vs. Formal Administration at a Glance

Not sure which track applies? Schedule a free consultation and we will review the assets and tell you which petition fits before you commit to anything.

Who Can Serve as Personal Representative, and Why an Attorney Is Required

In formal administration the court appoints a personal representative (Florida’s term for an executor) and issues letters of administration, the document banks, title companies, and buyers will ask for. The will’s nominee has first preference; without a will, the surviving spouse comes first, then the person chosen by a majority of the heirs (F.S. §733.301).

Not everyone qualifies. Under F.S. §733.302 through §733.304, a personal representative must be at least 18, mentally and physically able to perform the duties, and free of felony convictions, and must either reside in Florida or be a close relative of the decedent: a spouse, child, parent, sibling, grandchild, aunt, uncle, niece, or nephew, or the spouse of one of them. A longtime friend or a business partner who lives in another state cannot serve, no matter what the will says. Families learn this at the worst possible time, and it is one of the first things we check.

Florida Probate Rule 5.030 then adds the requirement most people do not expect: every personal representative must be represented by an attorney admitted to practice in Florida, unless the personal representative is the only person with any interest in the estate. In practice that means formal administration is always attorney-handled. Summary administration can be filed without a lawyer, but the petition must be complete and correct, and clerks and judges reject defective ones, so most families use counsel for that track too.

The Florida Probate Timeline, Step by Step

The formal probate process in Florida follows a structured sequence governed by the Florida Probate Code (Chapters 731–735). Here is what to expect at each stage:

Creditor Claims, Homestead, Taxes, and Closing the Estate

Most of the work in a formal administration happens between the appointment of the personal representative and the final distribution, and each piece has a statute behind it.

• Notice to creditors. The personal representative publishes a notice once a week for two consecutive weeks and serves it directly on every known or reasonably ascertainable creditor (F.S. §733.2121). Creditors then have three months from first publication, or 30 days from direct service, to file a claim (F.S. §733.702). Claims filed late are barred. We review every claim that comes in, object to the ones that are invalid or time-barred, and pay the valid ones in the priority order set by F.S. §733.707 so the estate does not pay more than it owes.
• Homestead. A Florida homestead that passes to a spouse or heirs is protected from the decedent’s creditors under Article X, Section 4 of the Florida Constitution and F.S. §732.401 and §732.4015, but only if the court enters an order determining homestead status. Skipping that petition leaves the property exposed and makes it hard to sell later. It is a standard part of every formal administration we handle that includes a home.
• Taxes. Florida has no state estate or inheritance tax. The personal representative still files the decedent’s final income tax return, obtains a tax identification number for the estate, and files a fiduciary return if the estate earns income during administration. Federal estate tax applies only to estates well above the federal exemption, and we coordinate with your CPA when it is in play.
• Accounting and discharge. Before anything is distributed, the personal representative files a final accounting of every asset collected, every expense paid, and every dollar of income earned, and petitions the court for discharge (F.S. §733.901). Florida expects an estate to close within 12 months of the letters issuing, and the court requires a status report if it does not. Once the order of discharge is entered, the personal representative’s personal liability ends.

Beneficiaries have rights throughout this process: to notice, to information, to an accounting, and to object. If you are a beneficiary who is not getting answers from a personal representative or trustee, our beneficiary representation page explains how we help.

What Florida Probate Costs

Florida law sets a presumed-reasonable attorney fee for formal administration based on the size of the estate (F.S. §733.6171): $1,500 for estates up to $40,000, $2,250 up to $70,000, $3,000 up to $100,000, and 3 percent of the value between $100,000 and $1 million. The same statute requires the attorney to tell the personal representative in writing that no fee is mandatory, that fees need not be based on estate size, and that the fee is negotiable. We take that disclosure seriously, which is why we quote flat fees before you commit:

How to Avoid Probate in Florida

While probate is common, several legal strategies can help Florida families avoid or minimize the probate process entirely. Proper planning now can save your family months of court proceedings and thousands of dollars in fees.

A comprehensive estate plan typically combines several of these strategies. Learn about our estate planning services or schedule a free consultation to discuss which approach is right for your family.

How We Handle Your Probate Case

1. Free 30-minute consultation by phone or Zoom, in English or Spanish. We identify the probate assets, confirm who can serve as personal representative, and tell you which track applies.
2. Flat-fee engagement in writing before any work begins, with the court costs and publication fees listed separately so there are no surprises.
3. Petition and appointment. We prepare and file the petition, the oath, the designation of resident agent, and the consents, and obtain letters of administration or the order of summary administration.
4. Notices, inventory, and creditor period. We publish and serve the notice to creditors, file the inventory, handle claims and objections, and petition to determine homestead where a home is involved.
5. Accounting, distribution, and discharge. We prepare the final accounting and the plan of distribution, obtain the order of discharge, and deliver recorded deeds and closing letters to the beneficiaries.

Nearly every Florida probate court accepts e-filing, and uncontested matters rarely require anyone to appear in person, so we represent personal representatives who live in other states and countries as routinely as those who live down the street.

Trust Administration and Beneficiary Representation

When a decedent left a revocable trust, the successor trustee has duties that look a lot like a personal representative’s, with notice, accounting, and distribution obligations under the Florida Trust Code but usually without court supervision. We guide trustees through Florida trust administration, and we represent beneficiaries of estates and trusts who need information, an accounting, or a distribution that is overdue.

If a Dispute Arises

Most Florida probates are uncontested. When a will contest, an undue influence claim, or a fight between heirs does arise, we explain your options, help you understand the strength of your position, and coordinate with experienced probate litigation counsel, while continuing to guide the estate through administration so the uncontested parts keep moving.

Why Families Choose Bucelo Diaz Law for Probate

Founding attorney Alexis Bucelo Diaz holds an LL.M. in Estate Planning from the University of Miami School of Law and has more than 15 years of focused Florida probate and estate planning practice. The firm concentrates on probate, estate planning, trust administration, and real estate law and does not take on unrelated matters.

We serve all 67 Florida counties from offices in Weston, Ocala, and Naples, work fully bilingually in English and Spanish, and quote flat fees in writing. Families describe the same experience in their reviews: plain-language explanations of what the court requires, responsive communication at every step, and an estate that closes without surprises.

Reviewed by Our Managing Attorney

Alexis Bucelo Diaz, Esq., LL.M. is the founding and managing attorney of Bucelo Diaz Law, PLLC. She holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and has more than 15 years of focused experience in Florida probate, estate planning, and real property law. Florida Bar #86918. Selected to Super Lawyers Rising Stars in 2025. This page is reviewed and kept current by our attorneys.