Florida’s probate system handles tens of thousands of estates each year. If you’re responsible for managing a loved one’s affairs after their death, you’re likely facing unfamiliar court procedures, strict deadlines, and questions that don’t have obvious answers. That’s where a knowledgeable guide makes all the difference.
A skilled probate attorney in Florida can help you understand the filing process, who has legal authority, and how to resolve disputes before they disrupt the process.
At Bucelo Diaz Law, we work with families across Florida to ensure the proper and efficient handling of their probate cases. If you’re dealing with probate and are unsure what to do, contact us to help you carry out your duties and avoid costly delays.
- Florida probate is common, but it’s not simple. Even with a valid will, estates often require strict court filings, deadlines, notices, and asset inventories before property can legally transfer.
- The right probate process depends on the estate. Formal administration is typically required for larger or complex estates, while summary administration may apply for estates of $75,000 or less (increasing to $150,000 effective July 1, 2026 per CS/HB 1337) or when the person has been deceased for more than two years.
- A Florida probate attorney helps protect the estate and avoid costly delays. Legal guidance can help with homestead protections, creditor claims, tax obligations, final accounting, and proper distribution so the estate can close efficiently and correctly.
Find Your Florida County Probate Court
Why Work with a Probate Attorney in Florida?
Probate is a regular part of estate administration in Florida, but that does not mean it is simple. In the last full reporting year, approximately 147,000 probate cases were filed statewide. These numbers indicate how common probate is, but they do not make the steps any less demanding.
Some property cannot legally transfer to heirs until the court grants approval. You may still need to complete several time-sensitive tasks even when there is a valid will. These often include:
- Locating beneficiaries and confirming their legal rights,
- Publishing formal notices and responding to creditor claims,
- Creating a complete inventory of the estate and assigning values,
- Preparing and filing required forms with the probate court, and
- Distributing assets only after all obligations are satisfied.
Each of these steps must comply with Florida law and local court procedures. Working with a skilled Florida probate attorney can help you avoid delays, prevent costly errors, and confidently complete the process.
Ready to protect what matters most? Bucelo Diaz Law will listen, guide you clearly, and help you plan with confidence.
Contact NowHow Can a Florida Probate Lawyer Help You During the Probate Process?
When a loved one dies, Florida’s probate system becomes the legal path for transferring their property and resolving outstanding obligations. Whether you’ve been named as a personal representative or are trying to understand your rights as a beneficiary, a Florida probate lawyer plays a key role in helping you manage every phase of the process.
From selecting the appropriate procedure to handling court obligations, your attorney ensures you meet legal requirements without unnecessary confusion or delay. Our team offers clear guidance, compassionate service, and comprehensive legal support.
Formal Administration
The full probate process required when the estate exceeds the summary administration threshold or includes complex assets. Governed by F.S. §§733.101–733.901. The court appoints a personal representative to gather, manage, and distribute the decedent’s assets under judicial oversight.
Learn MoreSummary Administration
A simplified probate option for estates valued at $75,000 or less — increasing to $150,000 effective July 1, 2026 (CS/HB 1337) — or when the decedent has been deceased for more than two years (F.S. §735.201). This process is typically faster and less expensive.
Learn MoreAncillary Administration
Used when the decedent was not a Florida resident but owned real property within the state. We coordinate seamlessly with the main probate jurisdiction to ensure proper handling of Florida-based assets.
Learn MoreSummary Administration vs. Formal Administration in Florida
Choosing the right probate path depends on the size of the estate, the time since death, and whether there are complications such as creditor disputes or contested assets. Here is a side-by-side comparison:
| Feature | Summary Administration | Formal Administration |
|---|---|---|
| Eligibility | Estate value $75,000 or less (increasing to $150,000 eff. July 2026) or decedent deceased 2+ years (F.S. §735.201) | Required for estates exceeding the summary threshold or involving complex issues |
| Typical Timeline | 4–8 weeks | 6–12 months (target 12-month close per F.S. §733.901) |
| Personal Representative | Not appointed by court | Court-appointed; must be a Florida resident or qualified relative (F.S. §733.304) |
| Court Supervision | Minimal — order of summary administration entered | Full judicial oversight throughout the process |
| Creditor Claims | No formal creditor claims process; however, creditors may still have rights if decedent died within 2 years (F.S. §733.710) | Mandatory 3-month creditor notice period (F.S. §733.702) |
| Attorney Requirement | Recommended but not always required | Required in virtually all cases (Florida Probate Rule 5.030) |
| Typical Cost Range | $4,500 flat fee | $8,500+ |
| Best For | Small estates, simple asset distributions, no creditor disputes | Larger estates, real property transfers, creditor issues, contested estates |
Not sure which path applies to your situation? Schedule a free consultation and we will review your case and recommend the most efficient approach.
Trust Administration
Even when probate is avoided, trustees carry fiduciary responsibilities. We assist trustees in administering both revocable and irrevocable trusts, helping to ensure legal compliance, accurate accounting, proper distribution, and protection from liability.
Beneficiary Representation
As a beneficiary of an estate or trust, you have rights, and we work to protect them. Our firm works to ensure you receive clear communication, fair treatment, and the inheritance you’re entitled to. We also monitor for any misconduct by trustees or personal representatives and can intervene when necessary.
Handling Homestead and Asset Protections
Estate property may qualify for legal protection under Florida’s homestead laws. This designation can prevent the decedent’s primary residence from being taken to pay creditors, but it requires court approval. Failing to handle this step correctly could result in creditor claims or unnecessary delays in transferring the property.
Working with a Florida probate attorney can help you navigate this process, confirm the property’s homestead status, and help ensure the heirs receive full legal protections.
Responding to Creditor Claims and Tax Obligations
During probate, the personal representative must identify all potential debts and notify known and unknown creditors. A Florida probate attorney can help with:
- Reviewing the validity of each claim and ensuring you don’t pay more than what is legally required,
- Preparing the deceased’s final income tax return and resolving any estate tax issues if they apply,
- Communicating deadlines to creditors and managing payment priorities under Florida law, and
- Avoiding unnecessary liquidation of estate assets to cover disputed amounts.
In addition, sometimes creditors may submit improper or time-barred claims. Your attorney can help you formally dispute these claims to preserve the value of the estate.
Preparing the Final Accounting and Closing the Estate
Florida courts require a full accounting before distributing assets to beneficiaries. This includes a detailed list of all estate property, any income received during administration, and a breakdown of payments made to creditors and expenses.
A Florida probate lawyer can prepare an accounting that meets the court’s requirements. Mistakes or omissions can delay closure or trigger objections. Following approval of the accounting and presuming no further objections, your attorney can file a petition for discharge and oversee the final asset distribution.
If you're handling probate for a loved one, you don't have to do it alone. Bucelo Diaz Law helps you move forward with confidence.
Contact NowFlorida 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:
Florida law requires the custodian of a will to deposit it with the clerk of the circuit court within 10 days of learning of the testator’s death (F.S. §732.901). Failure to do so may result in personal liability.
Your probate attorney files a Petition for Administration with the court. Once approved, the court issues Letters of Administration granting the personal representative legal authority to act on behalf of the estate (F.S. §733.301).
The personal representative must publish a Notice to Creditors once a week for two consecutive weeks in a local newspaper (F.S. §733.2121). Known or reasonably ascertainable creditors must also receive direct notice. This starts the creditor claims clock.
A verified inventory of all probate assets and their estimated fair market values must be filed with the court within 60 days (F.S. §733.604).
Creditors have 3 months from the date of first publication to file claims against the estate (F.S. §733.702). Known creditors who receive direct notice have 30 days from service. The personal representative reviews, pays, or objects to each claim.
The personal representative pays valid creditor claims, files the decedent’s final income tax return, and covers administration expenses in the priority order established by F.S. §733.707.
The personal representative prepares a final accounting of all estate transactions and petitions the court for discharge. Once approved, remaining assets are distributed to beneficiaries. Florida law targets closing within 12 months of appointment (F.S. §733.901).
How Much Does Probate Cost in Florida?
Understanding probate costs upfront helps you plan and avoid surprises. Costs depend on the type of administration, the estate’s value, and the complexity of the case. At Bucelo Diaz Law, we provide a clear fee estimate during your free consultation before you commit to anything.
For a complete breakdown of how Florida probate costs are calculated, including the statutory attorney fee schedule under F.S. 733.6171, personal representative compensation under F.S. 733.617, court filing fees by county, and worked cost examples for estates from $50,000 to $5 million, see our Florida probate cost guide.
Summary Administration
- Attorney fees included
- Document preparation & filing
- Court filing fees not included
- No hidden attorney costs
Court filing fees (~$235–$345) are separate. For estates of $75,000 or less (increasing to $150,000 eff. July 2026 per CS/HB 1337)
Formal Administration
- Court filing fees (~$400–$420)
- Attorney fees (statutory schedule)
- Notice to creditors publication (~$150–$300)
- Personal representative bond (if required)
- Accounting & distribution costs
Estate size, creditor disputes, and contested matters affect final cost.
Every consultation is free. No obligation. No surprises.
We review your situation, explain your options, and provide a clear fee estimate before you commit. Call (954) 399-1910 or schedule online.
What to Expect When You Partner with Bucelo Diaz Law
Probate can be overwhelming, especially when you’re grieving and unsure of the legal process. When you hire Bucelo Diaz Law, you can expect the following:
- Extensive experience handling probate. We bring 15 years of legal experience and a practical, results-driven approach to every case.
- Legal strategies designed for you. We tailor each probate plan to your goals, timelines, and legal requirements.
- Open communication. You will never be left guessing what comes next or how to meet the court’s expectations, giving you the legal clarity you need.
- A partner from the start of probate to the finish. With professional support, you reduce risk, protect your role, and close the estate according to Florida law.
We understand that no two estates are alike. Working with a qualified probate attorney can help you navigate the complexities of probate with confidence.
Speak with a Probate Attorney in Florida Today
At Bucelo Diaz Law, we help families across Florida manage estate administration with efficiency, clarity, and care. Whether you are a personal representative, concerned about creditor claims, or simply want to ensure your loved one’s wishes are followed, we are here to guide you.
Call us to schedule a free 30-minute consultation with a probate attorney in Florida. We offer both in-person and virtual meetings for your convenience. Get the trusted legal support you need to move forward with confidence.
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.
Revocable Living Trust
Assets held in a properly funded revocable living trust pass directly to beneficiaries outside of probate, maintaining privacy and avoiding court fees.
Lady Bird Deed
An enhanced life estate deed transfers your homestead property to beneficiaries upon death while you retain full control during your lifetime. Preserves homestead tax exemptions and avoids probate for that property.
Pay-on-Death (POD) Accounts
Bank and credit union accounts with a named POD beneficiary transfer directly upon death, bypassing probate entirely.
Transfer-on-Death (TOD) Securities
Investment and brokerage accounts with TOD beneficiary designations pass outside of probate under the Florida Uniform TOD Security Registration Act.
Joint Tenancy / Tenancy by the Entirety
Property held as joint tenants with right of survivorship or as tenancy by the entirety (for married couples) passes automatically to the surviving owner without probate.
Beneficiary Designations
Life insurance policies, retirement accounts (IRAs, 401(k)s), and annuities with named beneficiaries transfer directly and do not go through probate.
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.
Frequently Asked Questions About Probate in Florida
What does a Florida probate lawyer do?
A Florida probate lawyer helps families and personal representatives (executors) manage the legal process of settling a loved one’s estate. This typically includes filing required court documents, identifying and valuing assets, addressing debts, and guiding the transfer of property to heirs or beneficiaries.
Probate can feel overwhelming during a difficult time. A probate attorney helps reduce stress, avoid mistakes, and move the estate process forward as efficiently as possible.
What is probate in Florida and when is it required?
Probate is the court-supervised process used to settle a person’s estate after death. It may be required when there are assets that were owned solely in the deceased person’s name and do not automatically transfer to a beneficiary.
A Florida probate lawyer can review the situation and determine whether probate is necessary and what type of estate administration may apply.
How long does probate take in Florida?
Summary administration (for estates of $75,000 or less, increasing to $150,000 effective July 2026) typically takes 4–8 weeks. Formal administration usually takes 6–12 months, with a minimum of approximately 5–6 months due to the mandatory 3-month creditor claim period under F.S. §733.702. Florida law targets estate closing within 12 months of the personal representative’s appointment (F.S. §733.901). Contested estates, creditor disputes, or complex assets can extend the timeline further.
Do I need a probate lawyer in Florida to handle an estate?
Under Florida Probate Rule 5.030, an attorney is required for virtually all formal probate administration — the only exception is when the personal representative is the sole interested person, which is extremely rare. Even for summary administration, legal guidance helps ensure the petition is filed correctly, creditor obligations under F.S. §733.702 are met, and statutory deadlines are observed. Mistakes in probate filings can cause significant delays, personal liability for the personal representative, and added cost to the estate.
What is a personal representative (executor) and what are their responsibilities?
A personal representative (often called an executor) is the person responsible for managing the estate through the probate process. This includes gathering estate assets, keeping records, communicating with beneficiaries, addressing debts, and helping distribute assets properly.
A Florida probate lawyer can support personal representatives by handling filings, guiding decisions, and helping avoid personal liability risks.
What happens if someone dies without a will in Florida?
Florida’s intestate succession statutes (F.S. §732.101–732.111) determine who inherits. If there is a surviving spouse and no descendants, the spouse inherits everything. If there are descendants, the spouse receives the first $60,000 plus half the remaining estate (or half the estate if any descendants are not also descendants of the surviving spouse). Unmarried partners, stepchildren, and close friends receive nothing under intestate succession. The court appoints a personal representative, and the process becomes public record.
What assets go through probate in Florida?
Probate assets are generally those owned solely in the deceased person’s name without a direct beneficiary designation. These may include certain bank accounts, real estate, vehicles, and personal property.
Some assets may transfer outside probate depending on ownership structure or beneficiary designations. A Florida probate lawyer can review the estate and explain what is likely to be handled through probate.
Can probate be avoided in Florida?
Yes. Several strategies can reduce or eliminate the need for probate in Florida: revocable living trusts (assets in trust bypass probate entirely), lady bird deeds (transfer homestead property outside probate while preserving exemptions), pay-on-death accounts and transfer-on-death securities (pass directly to named beneficiaries), and joint tenancy with right of survivorship or tenancy by the entirety (property passes automatically to the surviving owner). A comprehensive estate plan typically combines several of these tools. Learn more about our estate planning services.
What if there is a dispute during probate (will contest or conflict between heirs)?
Probate disputes can happen for many reasons—questions about a will’s validity, disagreements between heirs, concerns about undue influence, or issues involving estate assets. These conflicts can slow down the probate process and create emotional and financial strain.
A Florida probate lawyer can help you understand your options, protect your interests, and work toward a resolution as efficiently as possible.
How much does it cost to hire a probate lawyer in Florida?
Florida law establishes presumed reasonable attorney fees based on estate value (F.S. §733.6171): $1,500 for the first $40,000, $2,250 for estates up to $70,000, and 3% of the compensable value for estates between $100,001 and $1 million. Summary administration at Bucelo Diaz Law is a $4,500 flat fee, while formal administration starts at $8,500+ depending on estate size and complexity. Court filing fees (approximately $235–$420) are separate. At Bucelo Diaz Law, every consultation is free — we provide a clear fee estimate before you commit to anything.