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Broward County Probate Information

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Broward County Probate Information

Detailed Information About Probate in Broward County

All matters relating to estates in Broward County are governed by the Probate Division, which is located on the 3rd Floor, Room 03150 of the Broward County Courthouse at 201 SE 6th Street, Fort Lauderdale, FL 33301. It is open Monday through Friday from 8:00 AM to 3:30 PM, excluding court holidays. The Probate Division can be reached directly by phone at (954) 831-7154.

Although all probate matters are governed by Chapters 731 through 735 of the Florida Probate Code, the Broward County Probate Division maintains its own comprehensive set of local procedures. An individual who wishes to open a new file or reopen a file for the disposition of an estate must provide the Clerk’s Office with a filing fee and certain specified documents, both of which are determined by the applicable probate process.

Attorneys are required to file all documents electronically through the Florida Courts E-Filing Portal. Pro-Se filers may still file in person at the Probate Division. After electronically filing a will, the attorney must mail the original will to the Clerk’s Office after receiving an acceptance confirmation. There is no fee to deposit a will with the Clerk of Court.

Read: How Do I File a Will in Broward County, Florida?

Looking for broader context before reviewing the filing details?

Our Broward County Probate Guide uses official court statistics, Florida Department of Health data, and U.S. Census Bureau figures to explain how many estates go through probate each year, which track applies to your situation, and what the process looks like from filing to discharge — including the summary administration threshold change taking effect July 1, 2026.

Read: Broward County Probate Guide — Real Data, Real Answers →

Filing Fees

The filing fees listed below are confirmed by the Broward County Clerk of Courts and are current as of 2026. No personal checks are accepted. Payment may be made by cash, cashier’s check, bank official check, money order, attorney trust account check, or American Express, Discover, MasterCard, or Visa credit cards.

If the probate proceeding concerns only the disposition of personal property with no real estate or title transfers, and the estate is valued at less than $6,000, the estate qualifies for disposition without administration. The filing fee is $232.00.

If the probate proceeding is not for personal property, but the decedent has been dead for more than two years or the assets subject to probate are valued at less than $75,000, the estate qualifies for an abbreviated process called Summary Administration. The filing fee is $236.00 if the assets are valued at less than $1,000, and $346.00 if the assets are valued at $1,000 or more. Under summary administration, the beneficiaries of the estate remain liable to the decedent’s creditors for up to two years after the decedent’s death unless a Notice to Creditors is published or served upon each creditor.

All other estates must be disposed of through formal administration, which generally takes six to nine months. The filing fee is $401.00. Florida law generally requires an attorney for formal administration unless the personal representative is the sole beneficiary.

Summary Administration

A Petition for Summary Administration can be filed by any beneficiary, a person nominated as the personal representative in the decedent’s will, or by an attorney representing that petitioner. If a petitioner chooses to proceed without an attorney, they will need to research the applicable requirements and locate the necessary forms. Below is a summary of the requirements for filing a Summary Administration.

Governing statutes: Florida Statute 735.201 and 735.202, Fla. Stat.

Filing Fee: $346.00 for assets of $1,000 or more. Filing Fee: $236.00 for assets less than $1,000.

Probate assets must be either greater than $1,000 and less than $75,000, excluding exempt property such as the decedent’s home, or the decedent must have been dead for more than two years.

The filing requires submission of a Petition for Summary Administration, the original will if applicable, an Order Admitting Will if applicable, proof of paid funeral expenses and last medical expenses, proof of payment for any nursing home expenses incurred, an original death certificate, an Order of Summary Administration, and the correct court-directed mandatory checklist.

The 17th Judicial Circuit Court also maintains a set of Probate and Guardianship Smart Forms that are required for most probate petitions filed in Broward County. These forms were updated in December 2025 and must be used for all Summary and Ancillary Administration filings.

Please note that if there is homestead property, additional requirements may be necessary, including formal notice requirements to creditors and a hearing before the court.

For more information, see our detailed page on Summary Administration in Florida.

How to Proceed with Formal Administration of a Florida Will

After the will is admitted to court, the judge must sign Letters of Administration appointing and authorizing a personal representative to act on behalf of the decedent’s estate. The personal representative is then responsible for sending a Notice of Administration to all persons interested in the decedent’s estate, including the surviving spouse and beneficiaries, and a Notice to Creditors to all known creditors of the decedent. The personal representative must also publish the Notice to Creditors in a local newspaper approved for legal notices in Broward County. Unknown creditors are given 90 days to file a claim with the court or surrender their right to collect on the debt.

An inventory of the estate’s assets must be filed within 60 days of the personal representative’s appointment. Once assets are collected and the decedent’s debts and taxes are paid, the estate is closed and the personal representative is relieved of duties. An accounting is required before the estate can be closed.

If you are interested in learning more about a Broward County Probate administration, a good first step is to consult an experienced Broward County Probate Attorney, or you can read the Florida Probate Code at www.leg.state.fl.us/statutes.

We handle Broward County Probate matters for clients located in Hallandale, Hollywood, Fort Lauderdale, Miramar, Pembroke Pines, Weston, Davie, Dania Beach, and all other cities in Broward County, Florida.

Read:

Selling Real Estate During Probate in Florida

Transfer of Florida Real Estate After Death

Who Can Serve as Personal Representative in a Broward County Probate

One of the most common questions families face when opening an estate is who is actually permitted to serve as personal representative. Florida law sets specific eligibility requirements, and out-of-state family members are often surprised to learn they may not qualify. In general, a personal representative must be a Florida resident or a close relative of the decedent. There are additional disqualifying factors, including prior felony convictions. For a full breakdown of the rules and the order of preference Florida courts follow when appointing a personal representative, read our detailed page on Who Has Preference as a Personal Representative in Florida.

For more on what a personal representative is actually required to do once appointed, see Powers and Duties of a Personal Representative in Florida.

Homestead Property and Broward County Probate

Homestead property is treated differently from all other assets in a Florida probate and the rules can be complicated. In general, a decedent’s homestead cannot be freely devised if the decedent is survived by a spouse or a minor child, and it is generally exempt from the claims of creditors. Mishandling homestead in a probate can have serious legal and financial consequences for the family. If the estate includes a home in Broward County or elsewhere in Florida, it is important to understand how homestead law affects the administration before filing. Our firm handles homestead issues as part of Broward County probate administration. Call us at (954) 458-8655 to discuss your specific situation.

Ancillary Probate for Out-of-State Residents Who Owned Property in Broward County

Broward County has a large population of part-time residents, snowbirds, and out-of-state owners of condominiums and investment real estate. When someone who lived outside of Florida dies and leaves property here, a separate Florida probate proceeding called an ancillary probate administration is required to transfer or sell that property. This is true even if a probate has already been opened in the decedent’s home state, because neither that state’s court nor its appointed personal representative has jurisdiction over Florida real estate. For a full explanation of the process, including how an out-of-state personal representative can petition the Florida court for authority to act here, see our page on Ancillary Probate Administration in Florida.

The 90-Day Creditor Deadline — What Creditors Need to Know

The formal administration process in Florida includes a mandatory Notice to Creditors, which is published in a local newspaper and served on all known creditors. Once that notice is published, creditors have 90 days to file a claim with the probate court. Missing that deadline almost always means losing the right to collect the debt from the estate. If you are a creditor of a deceased person and you have received a Notice to Creditors, or you have reason to believe a probate has been opened, contacting an attorney promptly is essential. Call us at (954) 458-8655 or contact us here.

What Is a Caveat and When Should You File One?

A caveat is a written notice filed with the Broward County Clerk of Courts Probate Division by a creditor or an interested party for the purpose of preventing a will from being admitted to probate, or preventing administration of an estate, without notice being given to the person who filed the caveat. The filing fee for a caveat in Broward County is $42.00. If you are a creditor, a beneficiary who suspects you are being excluded, or any other interested person who has reason to monitor a Broward County estate, a caveat can protect your right to receive notice before the court acts. To find out whether filing a caveat makes sense in your situation, call Larry Tolchinsky at (954) 458-8655.

A General Timeline for Broward County Probate Administration

Understanding the general sequence of events in a Florida probate can help families plan accordingly. While every estate is different, the typical formal administration in Broward County follows this general order.

The process begins with the filing of a Petition for Administration with the Broward County Probate Division, along with the required filing fee and supporting documents. Once the petition is reviewed and approved, the judge signs Letters of Administration, which give the personal representative legal authority to act on behalf of the estate.

The personal representative must then send a Notice of Administration to all interested parties and publish a Notice to Creditors in a local newspaper. Known creditors must be served directly. From the date of publication, creditors have 90 days to file claims with the court.

Within 60 days of appointment, the personal representative must file an inventory of the estate’s assets with the court. Once the creditor claim period has closed and all valid debts and taxes have been paid, the remaining assets are distributed to the beneficiaries according to the will or, if there is no will, under Florida’s intestacy law. A final accounting must be filed before the estate can be closed and the personal representative discharged.

In total, formal administration in Broward County generally takes between six and nine months from the date the petition is filed, though contested estates or those involving complex assets can take considerably longer. Summary administration, when available, can often be completed in two to four months.

For a more detailed look at each stage, see Florida Probate — An Outline of the Probate Process.

Sample Probate Pleadings

Probate cases can be complicated because they require the filing of many different documents with the court. The one document that is always filed when seeking to open a formal probate administration is the Petition for Administration. We have compiled other sample probate pleadings that provide a true sense of the work involved in a Florida probate case.

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Also See: Probate Frequently Asked Questions

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