Broward County Probate Guide — Real Data, Real Answers
Broward County’s 17th Circuit handled 4,663 probate cases last year, roughly one for every four deaths in the county. If you’re dealing with a loved one’s estate, this guide explains what those numbers mean for your situation: whether you need to go to court at all, which probate process applies, what the timeline looks like, and what the law requires at each step.
In this article:
- The numbers: Broward County probate, FY 2024–25
- Florida probate: what triggers it and what doesn’t
- Florida’s two probate tracks: formal vs. summary administration
- What the Broward probate process actually looks like
- Questions people ask about Florida probate (FAQs)
The numbers: Broward County probate, FY 2024–25
Broward County’s probate court is one of the busiest in Florida. Here is what the official court data shows about case volume, resolution rates, and how the 17th Circuit compares to the rest of the state.
| Case type | Filings | Dispositions | What it covers |
|---|---|---|---|
| Probate (estates) | 4,663 | 3,938 | Formal and summary administration of decedent estates |
| Baker Act commitments | 4,924 | 4,618 | Involuntary mental health examinations |
| Substance abuse (Marchman Act) | 633 | 1,175 | Involuntary substance abuse assessments |
| Guardianship | 714 | 573 | Adult and minor guardianship proceedings |
| Trusts | 55 | 15 | Trust administration matters requiring court supervision |
| Total, all probate division | 10,989 | 10,319 | Clearance rate: 93.9% |
Source: OSCA FY 2024–25 Statistical Reference Guide, Chapter 6, Circuit Probate Statistics (PDF), pp. 6-8 and 6-15.
Broward County records approximately 20,400 deaths per year according to the Florida Department of Health Bureau of Vital Statistics. Against that figure, the 4,663 formal probate filings mean roughly one in four deaths reaches the 17th Circuit as a probate case. The rest pass outside court, through jointly titled property, beneficiary designations, payable-on-death accounts, trust administration, or assets that fall below the probate threshold. That ratio matters for two reasons: probate is often avoidable with proper planning, and when a death does require court involvement, the Broward probate courts are handling a substantial active docket that can affect how quickly an estate can be closed.
Florida probate: what triggers it and what doesn’t
Not every estate requires probate in Florida. Whether the 17th Circuit gets involved depends on how the decedent held their assets and what planning, if any, was done before death.
Probate is required when a decedent owned assets in their name alone that did not have a designated beneficiary, a joint owner with right of survivorship, or a payable-on-death designation. Common examples: real property titled solely in the decedent’s name; bank accounts without POD designations; investment accounts without named beneficiaries; and personal property above the probate threshold. If any such assets exist in Broward County, a Broward County probate proceeding in the 17th Circuit is required to transfer them.
Assets that pass outside of probate include: jointly owned property with right of survivorship; assets with named beneficiaries (life insurance, IRAs, 401(k)s, annuities); bank and investment accounts with POD or TOD designations; assets held in a revocable living trust; and assets held as tenants by the entireties between spouses. Florida also offers a Disposition of Personal Property Without Administration for very small estates with only exempt property and certain expenses. Proper estate planning, including a properly structured Florida will and asset titling, completed before death is the most reliable way to minimize or eliminate the probate requirement for a Broward County estate.
Florida’s two probate tracks: formal vs. summary administration
Florida law provides two main probate procedures. Which one applies depends primarily on the value of the non-exempt probate assets and how long the decedent has been deceased. Read the full guides: Formal Administration · Summary Administration.
| Factor | Summary administration | Formal administration |
|---|---|---|
| Eligibility | Non-exempt assets under $75,000 (rising to $150,000 on July 1, 2026 per Florida HB 1049) or death more than 2 years ago | All other estates |
| Personal representative | Not required | Required, appointed by the court (duties of a personal representative) |
| Creditor notice period | Not required | Mandatory 90-day creditor claim period after publication of Notice to Creditors |
| Typical timeline in Broward | 4 to 8 weeks for uncontested | 4 to 12+ months depending on complexity |
| Court involvement | Minimal, one petition and one order | Extensive, multiple hearings, accountings, final discharge |
The median owner-occupied home value in Broward County reached $414,600 in 2024 (Data USA / ACS 2024). An important clarification: the decedent’s homestead is exempt property and does not count toward the $75,000 threshold. A decedent who owned a $414,600 homestead and $60,000 in a bank account could still qualify for summary administration, because only the non-exempt $60,000 is measured against the cap.
What the threshold means practically: if non-homestead, non-exempt assets exceed $75,000 today, or $150,000 after July 1, 2026, formal administration is required regardless of the home’s value. With Broward’s median household income at $77,633 (ACS 2024), many estates include retirement accounts, investment accounts, or bank balances that push non-exempt assets above the current $75,000 threshold even when the home is homestead. An attorney review of the full asset picture before filing is the most reliable way to determine which track applies. For Broward-specific filing procedures and fees, see: Broward County Probate Information Sheet. Source: Data USA / ACS 2024; threshold change: Florida HB 1049, effective July 1, 2026.
Florida Statute § 735.201 allows summary administration for any estate regardless of value if the decedent has been deceased for more than two years, because creditor claims are barred after that period. A family that has waited more than two years to address a loved one’s estate may have a simpler path available than they realize.
What the Broward probate process actually looks like
| Stage | What happens | Timeframe |
|---|---|---|
| Week 1 | Petition for administration filed with 17th Circuit; original will and death certificate submitted | Filing |
| Weeks 2–4 | Judge appoints personal representative; Letters of Administration issued | Appointment |
| Weeks 2–14 | Notice to Creditors published in newspaper; creditors have 90 days from first publication (or 30 days from direct notice) to file claims | Creditor notice |
| Weeks 4–10 | Personal representative files inventory of all estate assets within 60 days of appointment | Inventory |
| Months 3–5 | Personal representative reviews, accepts, or objects to creditor claims | Creditor claims |
| Month 5+ | All receipts, disbursements, and distributions accounted for | Final accounting |
| Months 6–12+ | Court approves final accounting and discharges personal representative | Discharge |
Source: Florida Statutes Chapter 733; 17th Judicial Circuit probate procedures.
The most common causes of delay in the Broward probate courts are: contested wills; creditor claims that must be litigated; real property that must be sold before distribution; beneficiaries who cannot be located; improperly executed original wills; lost or destroyed wills; wills that are not self-proved; and estates with out-of-state assets that require ancillary probate in another jurisdiction. Each can add months to an otherwise routine proceeding.
Questions people ask about Florida probate (FAQs)
Do I need a probate attorney in Broward County?
Florida law requires that a personal representative be represented by an attorney in formal administration unless the personal representative is also the sole beneficiary. For summary administration, self-representation is technically permitted but rarely advisable, errors in the petition, missing documentation, or failure to properly address creditors can result in court rejection or personal liability for the representative. Read more about Florida probate → Broward County probate lawyer →
How long does probate take in Broward County?
Summary administration for an uncomplicated estate typically takes 4 to 8 weeks. Formal administration of a straightforward estate in the 17th Circuit usually takes 6 to 12 months, the mandatory 90-day creditor notice period alone sets the floor. Complex estates with contested claims, real property sales, or disputes among beneficiaries can take significantly longer. The 17th Circuit’s 93.9% clearance rate means scheduling timelines run slightly longer than fully caught-up circuits.
What assets are exempt from probate in Florida?
Florida’s homestead property has special constitutional protections and passes outside the probate estate to a surviving spouse or descendants, though a court proceeding may still be needed to establish homestead status. Additionally, household furniture, furnishings, and two motor vehicles titled to the decedent used by the family are exempt assets that pass to the surviving spouse or children outside the probate estate under Florida Statute § 732.402.
Can a will be contested in Broward County?
Yes. Grounds for contesting a will in Florida include: lack of testamentary capacity; undue influence by another party; fraud or duress; improper execution; and revocation by a subsequent will or codicil. Will contests are litigated within the probate proceeding in the 17th Circuit and can significantly extend the timeline and cost of administration. Read more about will contests in Florida →
What are the attorney’s fees in a Florida probate?
Florida Statute § 733.6171 provides a presumptively reasonable fee schedule based on the gross value of the probate estate: 3% on the first $1M; 2.5% from $1M to $5M; 2% from $5M to $10M; and a reasonable amount above $10M. These can be negotiated up or down by agreement of all interested parties. Extraordinary services (litigation, tax returns, real property sales) are billed separately.
What happens if someone dies without a will in Florida?
Florida’s intestacy statute (Chapter 732) governs how assets pass when someone dies without a valid will. The rules depend on whether the decedent was married and whether they had children. A surviving spouse with no children inherits everything. The analysis becomes more complex with blended families, which is common in Broward County given its large retiree and immigrant populations. Read: What happens if you die without a will in Florida → Transfer of real estate after death →
Questions about a Broward County probate matter?
Sackrin & Tolchinsky, P.A. offers a free, confidential consultation, no obligation.
Schedule a free call → (954) 458-8655