Questions about probate? Read the Probate FAQ page to learn more, then contact my office to schedule a consultation.
Probate doesn’t have to become an expensive, drawn-out ordeal, but it can. Estate planning tools like a living trust can help you avoid probate entirely. As a Pembroke Pines probate lawyer, I can help you evaluate both options. Contact my firm today.
How Florida Probate Administration Works
Probate exists to tie up loose ends after someone dies: collecting assets, paying debts, satisfying applicable tax obligations, and distributing remaining property to heirs or beneficiaries. Proceedings are generally filed in the state where the decedent resided at death. If the decedent owned real estate in another state, those assets require a separate ancillary probate proceeding in that jurisdiction.
Formal Administration vs. Summary Administration
Florida offers two primary administration tracks under Chapters 731 through 735 of the Florida Probate Code. Formal administration applies when non-exempt assets exceed $150,000 or when the decedent has been deceased fewer than two years. Summary administration is available for estates at or below $150,000 in non-exempt assets, or when death occurred more than two years ago. Florida raised these thresholds effective July 1, 2026, under CS/HB 1337, doubling the prior $75,000 limit. The applicable track determines the timeline, filing requirements, and the obligations placed on the personal representative.
Technical aspects of formal administration in Broward County include:
- Appointing a personal representative and filing the petition with the 17th Judicial Circuit Court
- Publishing a Notice to Creditors and formally notifying known creditors of the proceeding
- Inventorying and appraising estate assets
- Paying administration costs, applicable income taxes, and property taxes before any distribution
- Selling real estate when necessary to satisfy debts or equalize distribution among heirs
- Considering estate taxes, gift taxes, or inheritance taxes when the estate exceeds applicable thresholds
- Transferring remaining assets to beneficiaries or heirs upon court approval
When Probate Becomes Contested
Not every estate moves through probate without conflict. A will contest challenges the legal validity of the will itself, typically on grounds of undue influence, lack of testamentary capacity, or improper execution. Beyond the will, interested parties may challenge the appointment or conduct of the personal representative, including petitioning the court for removal and seeking to hold the personal representative personally liable for financial harm to the estate.
In intestate estates governed by Florida’s succession statutes, paternity disputes and questions about biological versus non-biological heirs can affect who inherits and in what amount. Conflicts between beneficiaries over how assets are administered add another layer of complexity. Personal representatives can face fiduciary liability: failing to treat beneficiaries equally, commingling estate funds, or neglecting to place funds in an interest-bearing account can expose a personal representative to a removal petition and personal financial liability. These are possibilities under Florida law, not certainties, but they underscore why contested matters require experienced legal guidance.
An Estate Administration Attorney With Over 40 Years in Florida Probate
As the founder of Law Office of Steven Friedman, I’ve spent over four decades handling probate and probate litigation for South Florida families. I’m well versed in Florida probate law and the procedural expectations of Broward County probate court. When conflict arises between a personal representative and beneficiaries, or among beneficiaries themselves, the right estate administration attorney can affect whether a matter resolves efficiently or becomes more prolonged and complex. Whether you’re a personal representative navigating fiduciary duties or a beneficiary with concerns about how an estate is being handled, I represent you directly. Every consultation, every filing, every court appearance comes from me.
Start With a Free Consultation
Losing someone is hard enough without facing an unfamiliar legal process alone. Whether you need to open a formal administration, qualify for summary administration, or respond to a will contest, I can help you understand where things stand and what comes next. Call my office at (954) 228-6126 or reach out online to schedule your free consultation. You’ll speak with me directly.
Contact my firm today online or at (954) 228-6126 to get started with your free consultation.