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Broward County Probate Guide | Real Data, Real Answers | Hallandalelaw.com

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

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.

4,663Probate filings, Broward FY 2024–25OSCA Ch. 6
3,938Probate dispositions, cases resolvedOSCA Ch. 6
93.9%17th Circuit probate clearance rateOSCA Ch. 6
10,989Total probate division filings (all types)OSCA Ch. 6
4,663
Probate cases filed in Broward County, FY 2024–25. This covers formal administration and summary administration of estates. The 17th Circuit’s 93.9% clearance rate means the court is slightly behind, the backlog is growing slowly, which affects scheduling timelines for hearings and final orders.
Case typeFilingsDispositionsWhat it covers
Probate (estates)4,6633,938Formal and summary administration of decedent estates
Baker Act commitments4,9244,618Involuntary mental health examinations
Substance abuse (Marchman Act)6331,175Involuntary substance abuse assessments
Guardianship714573Adult and minor guardianship proceedings
Trusts5515Trust administration matters requiring court supervision
Total, all probate division10,98910,319Clearance rate: 93.9%

Source: OSCA FY 2024–25 Statistical Reference Guide, Chapter 6, Circuit Probate Statistics (PDF), pp. 6-8 and 6-15.

Only about 1 in 4 Broward deaths generates a formal probate filing

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.

When probate is required in Florida

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.

When probate can be avoided

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.

FactorSummary administrationFormal administration
EligibilityNon-exempt assets under $75,000 (rising to $150,000 on July 1, 2026 per Florida HB 1049) or death more than 2 years agoAll other estates
Personal representativeNot requiredRequired, appointed by the court (duties of a personal representative)
Creditor notice periodNot requiredMandatory 90-day creditor claim period after publication of Notice to Creditors
Typical timeline in Broward4 to 8 weeks for uncontested4 to 12+ months depending on complexity
Court involvementMinimal, one petition and one orderExtensive, multiple hearings, accountings, final discharge
What Broward’s property values mean for the summary administration threshold

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.

The 2-year rule and why it matters

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

StageWhat happensTimeframe
Week 1Petition for administration filed with 17th Circuit; original will and death certificate submittedFiling
Weeks 2–4Judge appoints personal representative; Letters of Administration issuedAppointment
Weeks 2–14Notice to Creditors published in newspaper; creditors have 90 days from first publication (or 30 days from direct notice) to file claimsCreditor notice
Weeks 4–10Personal representative files inventory of all estate assets within 60 days of appointmentInventory
Months 3–5Personal representative reviews, accepts, or objects to creditor claimsCreditor claims
Month 5+All receipts, disbursements, and distributions accounted forFinal accounting
Months 6–12+Court approves final accounting and discharges personal representativeDischarge

Source: Florida Statutes Chapter 733; 17th Judicial Circuit probate procedures.

What slows Broward probate cases down

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?

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Legal notice: Published for general informational purposes by Sackrin & Tolchinsky, P.A., 601 N. Federal Highway, Suite 301, Hallandale Beach, Florida 33009, (954) 458-8655. Does not constitute legal advice or create an attorney-client relationship. All statistics sourced and linked above.