Bucelo Diaz Law provides comprehensive probate and estate planning legal services to families across all 67 Florida counties. Whether you need to navigate the Florida probate process or plan your estate with wills, trusts, and powers of attorney, our experienced attorneys guide you with clarity and care. Free consultations available statewide.
Protect your family and legacy with a customized Florida estate plan. Our attorneys help you choose the right combination of legal instruments to secure your assets, minimize taxes, avoid probate, and ensure your wishes are honored.
Navigating Florida probate after losing a loved one can feel overwhelming. Our probate attorneys handle every step — from filing the initial petition to final distribution of assets — across all 67 Florida counties.
Serving all 67 Florida Counties • Offices in Naples, Weston & Ocala • Free Consultation: (954) 399-1910
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FLORIDA PROBATE & ESTATE PLANNING LAW
Why Every Florida Family Needs a Plan
Florida is home to more than 5 million residents over the age of 65 — and tens of thousands of new retirees arrive each year. With that comes one of the highest volumes of probate filings in the country. In FY 2023–24, Florida courts processed approximately 147,000 probate cases statewide. Many of those families faced months of court proceedings, creditor disputes, and legal costs that proper planning could have prevented.
Florida law is specific. The Florida Probate Code (Chapters 731–735, Florida Statutes) governs how estates are administered. Florida’s homestead laws (Article X, Section 4, Florida Constitution) protect your primary residence but impose strict restrictions on how homestead property can be devised — meaning even a valid will may not override these protections without proper planning. And under Florida Probate Rule 5.030, an attorney is required in virtually all formal probate proceedings.
Without a valid will or trust in place, Florida’s intestate succession statutes (F.S. §732.101–732.111) determine who inherits your assets — not your wishes. This is especially problematic for blended families, unmarried partners, and parents of minor children.
2026 Legal Updates That Affect Your Estate Plan
- Federal estate tax exemption: $15 million per individual in 2026 ($30 million for married couples), made permanent by the One Big Beautiful Bill Act signed in July 2025
- Annual gift tax exclusion: $19,000 per recipient in 2026
- Summary administration threshold: Increasing from $75,000 or less to $150,000 or less effective July 1, 2026 (CS/HB 1337) — making more estates eligible for simplified probate
- Probate avoidance strategies: Lady bird deeds (enhanced life estate deeds), pay-on-death accounts, transfer-on-death securities, and revocable living trusts remain the most effective tools for avoiding Florida probate entirely
Whether you are planning ahead or navigating a loved one’s estate right now, working with an experienced Florida probate and estate planning attorney makes the process faster, cleaner, and less costly for everyone involved.
ESTATE PLANNING
Trust vs. Will: Which Is Right for You?
One of the most common questions we hear from Florida families. Here is how the two primary estate planning instruments compare.
| Feature | Revocable Living Trust | Last Will & Testament |
|---|---|---|
| Avoids Probate | Yes — assets in the trust pass directly to beneficiaries | No — must go through Florida probate court |
| Privacy | Private — no public court record | Public record once filed with probate court |
| Incapacity Protection | Yes — successor trustee manages assets if you become incapacitated | No — requires separate guardianship proceeding |
| Homestead Protection | Trust can be structured to preserve Florida homestead exemptions | Subject to constitutional restrictions on devise (Art. X, §4) |
| When It Takes Effect | Immediately upon creation and funding | Only after death and probate filing |
| Upfront Cost | Higher ($2,500–$5,000 typical) | Lower ($500–$1,500 typical) |
| Total Cost to Family | Lower — avoids probate fees, attorney fees, and court costs | Higher — probate can cost 3–5% of estate value |
| Flexibility | Can be amended or revoked at any time during your lifetime | Can be amended by codicil or revoked anytime |
| Best For | Most Florida families, homeowners, business owners, anyone wanting to avoid probate | Individuals with simple estates or as a pour-over will alongside a trust |
Most of our clients benefit from a combination of both — a revocable living trust as the primary instrument with a pour-over will as a safety net. Learn more about Florida estate planning →
PROBATE ADMINISTRATION
Summary vs. Formal Administration in Florida
Florida offers two main probate paths. The right choice depends on the size of the estate, when the decedent passed, and whether there are disputes.
| Feature | Summary Administration | Formal Administration |
|---|---|---|
| Estate Value | $75,000 or less (increasing to $150,000 effective July 2026) | Any value — no upper limit |
| Eligibility | Estate qualifies by value, OR decedent died more than 2 years ago | Available for all estates regardless of size or timing |
| Timeline | 4–8 weeks typical | 6–12 months typical, longer if contested |
| Court Supervision | Minimal — petition and order only | Full court oversight throughout the process |
| Personal Representative | Not formally appointed | Required — appointed by the court with fiduciary duties |
| Creditor Notice Period | No formal creditor claims process; however, creditors may still have rights if the decedent died within 2 years (F.S. §733.710) | 3-month creditor claim period required (F.S. §733.702) |
| Attorney Requirement | Recommended but not always required | Required under Florida Probate Rule 5.030 |
| Cost | Lower — simplified process with fewer filings | Higher — attorney fees, court costs, personal representative fees |
| Best For | Small estates, uncontested distributions, estates older than 2 years | Larger estates, creditor issues, contested estates, real property transfers |
Not sure which type of probate your situation requires? We can evaluate your case during a free consultation. Learn more about Florida probate →
TRANSPARENT PRICING
How Much Does Estate Planning & Probate Cost in Florida?
We believe in transparent, upfront pricing. Every situation is different, but here are general ranges to help you plan. We provide an exact quote during your free consultation.
Estate Planning
$1,500 – $5,000
- ✓ Basic will & power of attorney
- ✓ Revocable living trust package
- ✓ Healthcare surrogate & living will
- ✓ Trust funding guidance
- ✓ Lady bird deed preparation
Complexity, number of beneficiaries, and business interests affect final cost.
Probate Administration
$8,500+
- ✓ Summary administration ($4,500 flat fee)
- ✓ Formal administration
- ✓ Ancillary probate
- ✓ Creditor claim resolution
- ✓ Real property transfers
Formal administration starts at $8,500+. Estate size, creditor disputes, and complexity affect final cost. Court filing fees are separate.
Every consultation is free. No obligation. No surprises.
We review your situation, explain your options, and provide a clear fee estimate before you commit to anything. Call (954) 399-1910 or contact us online.
WHY CHOOSE US
Why Families Across Florida Choose Bucelo Diaz Law
Years of Experience
Florida probate and estate planning, from simple wills to complex multi-asset trust structures.
Advanced Credentials
Founding attorney Alexis B. Diaz holds a JD and LLM in Estate Planning from the University of Miami.
Florida Counties Served
Statewide representation from offices in Weston and Ocala. Virtual consultations available everywhere.
We combine the legal depth of a large firm with the personal attention of a boutique practice. You work directly with an attorney — not a paralegal — from your first consultation through the close of your matter. Free consultations available by phone, video, or in person.
CLIENT TESTIMONIALS
What Our Clients Say
COMMON QUESTIONS
Frequently Asked Questions
What is the difference between probate and estate planning?
Estate planning is the process of arranging in advance how your assets will be managed and distributed using tools like wills, trusts, and powers of attorney. Probate is the court-supervised process that happens after someone dies to transfer their assets to heirs. Good estate planning — particularly a revocable living trust — can reduce or eliminate the need for probate entirely.
Do I need a lawyer for probate in Florida?
In most cases, yes. Under Florida Probate Rule 5.030, an attorney is required for formal probate administration. Even for summary administration, legal guidance helps ensure the petition is filed correctly, creditor obligations are met, and deadlines under F.S. §733.702 are observed. Mistakes in probate filings can cause significant delays and added cost.
Does Florida have an estate tax or inheritance tax?
No. Florida has no state estate tax and no state inheritance tax. However, larger estates may still be subject to the federal estate tax (exemption: $15 million per individual in 2026 (made permanent by the One Big Beautiful Bill Act)). Proper estate planning including irrevocable trusts and gifting strategies can help minimize federal exposure for high-net-worth families.
How much does estate planning cost in Florida?
A basic will and power of attorney typically costs $500–$1,500. A comprehensive trust-based estate plan — including a revocable living trust, pour-over will, durable power of attorney, healthcare surrogate designation, and living will — generally ranges from $2,500 to $5,000. The final cost depends on the complexity of your situation. At Bucelo Diaz Law we offer a free consultation so you can understand your options before committing to anything.
What happens if someone dies without a will in Florida?
Florida’s intestate succession laws (F.S. §732.101–732.111) take over and distribute assets according to a fixed statutory formula regardless of your actual wishes. This can be especially problematic for blended families, unmarried partners, and parents of minor children. A valid will or trust ensures your wishes are honored and reduces the burden on your family.
How long does probate take in Florida?
Summary administration can be completed in as little as 4–8 weeks. Formal administration typically takes 6–12 months due to the mandatory 3-month creditor claim period and court oversight requirements. Contested estates, creditor disputes, or real property complications can extend the timeline further. Having an experienced probate attorney helps avoid unnecessary delays.
Can I avoid probate in Florida?
Yes. Several legal strategies can help you avoid the Florida probate process entirely:
- Revocable living trust — assets held in trust pass directly to beneficiaries
- Lady bird deed (enhanced life estate deed) — transfers real property outside of probate while preserving homestead protections
- Pay-on-death (POD) accounts — bank accounts transfer directly to named beneficiaries
- Transfer-on-death (TOD) securities — investment accounts bypass probate
- Tenancy by the entirety — property held jointly by married couples passes automatically to the surviving spouse
A comprehensive estate plan typically combines several of these strategies.
What is a lady bird deed in Florida?
A lady bird deed (formally called an enhanced life estate deed) is a legal document that allows you to transfer real property to a beneficiary upon your death while retaining full control during your lifetime — including the right to sell, mortgage, or lease the property without the beneficiary’s consent. It avoids probate for that property, preserves your Florida homestead exemption, and does not trigger Medicaid recovery claims. It is one of the most cost-effective probate avoidance tools available in Florida.
What is the difference between summary and formal administration?
Summary administration is available when the estate value is $75,000 or less (increasing to $150,000 in July 2026) or the decedent passed more than two years ago. It is faster (4–8 weeks) and less expensive. Formal administration is required for larger estates and involves appointing a personal representative, a 3-month creditor claim period, and full court oversight. It typically takes 6–12 months. Our attorneys help you determine which path is right for your situation.
What documents do I need for a complete Florida estate plan?
A comprehensive Florida estate plan typically includes:
- Revocable living trust — avoids probate, manages assets during incapacity
- Pour-over will — catches any assets not placed in the trust
- Durable power of attorney — authorizes someone to handle your financial affairs
- Healthcare surrogate designation — names someone to make medical decisions for you
- Living will (advance directive) — documents your end-of-life medical wishes
- HIPAA authorization — allows your agents to access medical records
Depending on your situation, you may also need a lady bird deed, special needs trust, or beneficiary designation updates.