Florida Probate Law – Content Hub
Everything you need to understand probate in Florida including the process, your rights, and how to protect your family’s interests after a loved one passes.
Probate is the legal process of gathering assets, identifying creditors and beneficiaries, and distributing what remains after all valid debts are paid. Florida law governs this through the Florida Probate Code; cases are administered at the county level. Broward County residents file with the 17th Judicial Circuit Court; Miami-Dade residents file with the 11th Judicial Circuit Court.
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Section 1 – Understanding the Probate Process
Start here if you are new to probate or have recently lost a loved one. These pages explain what probate is, when it is required, and how the process unfolds from beginning to end in Florida.
- Florida Intestate Probate Law – When a person dies without a will, Florida’s intestacy laws determine who inherits. This page explains the rules and who qualifies as an heir.
- What Happens in Florida If You Die Without a Will? – A plain-language explanation of intestate succession who gets what, in what order, and how the court steps in when there is no estate plan.
- How to File a Will with the Probate Court – Step-by-step guidance on depositing a will with the Broward County probate court, including deadlines, required documents, and what happens next.
Section 2 – Types of Probate Administration in Florida
Florida recognizes several types of probate depending on estate size and circumstances. Understanding which type applies shapes the timeline, cost, and level of court involvement.
- Formal (Full) Probate Administration – Required when the estate exceeds $75,000 or the decedent has been deceased for two years or less. Covers the full court-supervised process and what to expect.
- Summary Administration in Florida – A faster, simplified alternative available for smaller estates valued at $75,000 or less, or when the decedent has been deceased for more than two years.
- Ancillary Probate Administration – When a nonresident dies owning property in Florida, a separate Florida ancillary proceeding is required alongside the home-state probate.
- Broward County Probate Administration – Local guidance on filing and managing a probate case in Broward County, including court procedures, forms, and typical timelines.
- Broward County Probate Guide: Real Data, Real Answers – How many probate cases are filed in Broward County each year, which probate track applies to your estate, what the process actually looks like in the 17th Circuit, and what the court data shows about timelines. Based on official court statistics, Florida Department of Health mortality data, and U.S. Census Bureau figures.
Section 3 – The Personal Representative
The personal representative is appointed by the court to manage and close the estate. Understanding this role, its powers, duties, and limitations is essential whether you are serving or working alongside one.
- Powers and Duties of a Personal Representative in Florida – What a personal representative is legally authorized to do, what fiduciary duties they owe beneficiaries, and what happens if those duties are breached.
- Who Has Preference as a Personal Representative in Florida – Florida law establishes a priority order for who may serve. Covers statutory preference rules, how disputes are resolved, and when the court may appoint someone else.
Section 4 – Real Estate and Assets in Probate
Property, especially real estate, is often the most complex and valuable part of an estate. These pages address how Florida probate handles real property, vehicle transfers, and asset sales.
- Transfer of Florida Real Estate After Death – How title to real property passes to heirs or beneficiaries after death in Florida, including the role of probate, Lady Bird deeds, and joint tenancy.
- Selling Real Estate During Probate in Florida – A lawyer’s guide to listing, contracting, and closing on estate property while a probate case is open — including court approval requirements and title issues.
- How to Remove a Deceased Person’s Name From a Deed – Step-by-step guidance on clearing title to real property after death, including when probate is required and what documents must be recorded.
- What Do I Do With the Car? Transferring a Vehicle After Death – Florida-specific guidance on how to transfer or retitle a vehicle after a loved one dies, including DMV requirements and probate considerations.
Section 5 – Probate Litigation, Will Contests & Trust Disputes
Not all estates are settled peacefully. When beneficiaries, heirs, or creditors disagree or when there are questions about the validity of a will or trust Florida probate litigation may follow.
- Probate Litigation in Florida – An overview of common probate disputes including challenges to the personal representative, creditor claims, and beneficiary conflicts and how they proceed in Florida courts.
- Will Contests in Florida – The legal grounds for challenging a will in Florida, including lack of capacity, undue influence, fraud, and improper execution. Covers who has standing and how a contest proceeds.
- Trust Litigation in Florida – When a trust is mismanaged or its terms disputed, beneficiaries and trustees may end up in court. Covers breach of fiduciary duty claims, trustee removal, and trust accountings.
- 5 Ways a Florida Trust Can Be Challenged – A practical look at the legal theories used to challenge a trust in Florida from lack of capacity at signing to undue influence and how courts evaluate each claim.
Section 6 – Local Probate Courts: Broward & Miami-Dade
Probate is administered at the county level. Procedures, forms, and filing requirements differ between circuits. These information sheets cover what you need to know for the two counties we serve most often.
- How to File a Broward County Probate – A step-by-step guide to opening a probate case in Broward County including required forms, filing fees, where to file, and how long the process typically takes.
- Broward County Probate Information Sheet – Key local information including court contact details, clerk forms, and practical guidance for navigating the 17th Judicial Circuit probate division.
- Miami-Dade Probate Information Sheet – Local court information, filing guidance, and key contacts for probate cases filed in the 11th Judicial Circuit Court in Miami-Dade County.
Section 7 – Probate Pleadings & Sample Documents
Understanding what probate documents actually look like helps you follow your case and know what your attorney is filing on your behalf.
- Probate Pleadings – Master Index – A comprehensive index of sample Florida probate pleadings and court filings, including petitions, orders, inventories, and more drawn from real practice examples.
Section 8 – FAQs & Additional Resources
Answers to common questions about Florida probate, along with links to our extended blog and related practice areas.
- Probate FAQs – A regularly updated collection of questions and answers covering the Florida probate process, costs, timelines, personal representatives, and more.
- Florida Probate Blog – 30+ Articles – An extended library of articles covering creditor claims, personal representative fees, will contests, ancillary probate, costs, and more at AboutFloridaProbate.com.
Also See:
Florida Power of Attorney | Florida Wills | Broward County Probate Lawyer
Get a Free Case Evaluation – Call (954) 458-8655
Contact us to find out how we can help you. You can contact us by phone at 954-458-8655 or by e-mail through this web site to schedule an appointment and learn more about your rights. We offer a free initial consultation.
These articles are for informational purposes only and should not be relied upon as legal advice. Florida law is always changing. We strongly recommend speaking with an experienced Florida probate attorney about your specific situation.