Florida probate administration mandates strict compliance with Chapter 733 of the Florida Statutes and local court procedural rules under the 17th Judicial Circuit Court of Broward County.
Reinfeld Cabrera Tison provides formal administration, summary probate, homestead transfers, and trust settlement representation for personal representatives, trustees, and beneficiaries across Coral Springs, Fort Lauderdale, Miami Dade, and Palm Beach.
Quick Summary: How Does Probate Work in Broward County, Florida?
Under Fla. Stat. § 733.103, Florida probate is the court supervised process of validating a decedent’s will, identifying assets, settling creditor claims, and transferring legal title to beneficiaries.
Florida law requires a licensed Florida attorney to represent personal representatives in nearly all formal probate proceedings. Estates under $75,000 or decedents deceased for over two years qualify for expedited Summary Administration under Fla. Stat. § 735.201.
Comparison of Florida Estate Administration Pathways
| Probate Type | Asset Threshold / Timing | Primary Statutory Authority | Court Oversight & Timeline | Key Benefit / Purpose |
| Formal Administration | Estates exceeding $75,000; death under 2 years | Fla. Stat. Chapter 733 | Full circuit court supervision; 6 to 12 months | Appoints Personal Representative; issues formal Letters of Administration. |
| Summary Administration | Non-homestead assets under $75,000 OR death >2 years | Fla. Stat. § 735.201 | Expedited judicial review; 4 to 8 weeks | Direct court order distributing assets without formal PR appointment. |
| Ancillary Administration | Out of state decedents owning Florida real estate | Fla. Stat. § 734.102 | Circuit court where real property is located | Clears Florida land titles and transfers real estate to non-resident heirs. |
| Trust Administration | Non-probate assets held in Revocable Living Trust | Fla. Stat. Chapter 736 | Out of court administration; 2 to 6 months | Private settlement, notice to creditors, and trustee accounting execution. |
Core Probate & Asset Settlement Services
1. Formal Probate Administration (Fla. Stat. Ch. 733)
Required for larger estates or complex asset structures. Counsel petitions the circuit court for Letters of Administration, establishing legal authority for the Personal Representative to marshal bank accounts, inventory real property, publish the mandatory 3-month Notice to Creditors under Fla. Stat. § 733.212, and execute distributions.
2. Summary Administration & Expedited Asset Transfers (Fla. Stat. § 735.201)
Available when non-homestead probate assets total $75,000 or less, or when the decedent has been deceased for more than two years. Bypasses the lengthier appointment of a personal representative by securing an immediate Order of Summary Administration from the probate judge.
3. Homestead Property Determination & Title Clearance
Under Article X, Section 4 of the Florida Constitution, a decedent’s primary residence receives strict creditor protections. Counsel files a Petition to Determine Homestead Property under Fla. Stat. § 733.608 to transfer real estate title directly to surviving spouses or heirs exempt from general estate claims.
4. Ancillary Probate for Out of State Property Owners (Fla. Stat. § 734.102)
When an out of state resident dies owning real estate in Broward, Miami Dade, or Palm Beach County, Florida courts maintain exclusive jurisdiction over the property. Ancillary administration clears municipal liens, resolves title clouds, and permits the lawful sale or transfer of Florida real estate.
5. Trust Administration & Trustee Representation (Fla. Stat. Ch. 736)
Guiding trustees through mandatory notices to qualified beneficiaries under Fla. Stat. § 736.0813, trust accountings, tax clearances, and asset distributions while protecting trustees from breach of fiduciary duty exposure.
Contested Probate & Estate Litigation Practice
When disputes arise among heirs, beneficiaries, or creditors, estate matters are litigated in the Probate Division of the Florida Circuit Court:
- Will Contests & Invalidity Claims: Challenging or defending wills on grounds of undue influence (In re Estate of Carpenter), lack of testamentary capacity, or improper execution under Fla. Stat. § 732.502.
- Breach of Fiduciary Duty & Surcharge Claims: Litigating claims against personal representatives or trustees for asset commingling, self dealing, or failure to account under Fla. Stat. § 733.609.
- Elective Share & Spousal Rights (Fla. Stat. § 732.201): Enforcing a surviving spouse’s legal entitlement to 30% of the decedent’s elective estate regardless of will provisions.
Frequently Asked Questions
How long does probate take in Broward County?
Summary Administration in the 17th Judicial Circuit typically takes 4 to 8 weeks. Formal Probate Administration generally requires 6 to 12 months, depending on real estate sales, creditor claim periods, and federal tax filings.
Do out of state heirs have to travel to Florida for probate?
No. In almost all routine Florida probate cases, proceedings are handled electronically through the Florida Courts E-Filing Portal. Personal representatives and heirs rarely need to appear in a Broward County courtroom in person.
How is inherited real estate sold during Florida probate?
If a will contains an express power of sale, the Personal Representative can list and sell property directly. Without an express power of sale, counsel files a Petition for Order Authorizing Sale of Real Property under Fla. Stat. § 733.613 prior to closing.
Legal Representation & Broward County Office Location
Reinfeld Cabrera Tison provides flat fee probate guidance, real estate title clearance, and estate litigation across South Florida:
- Coral Springs Office: 9625 W Sample Rd, Coral Springs, FL 33065
- Contact Phone: (954) 866-4878 or 954-866-HURT
- Circuit Court Jurisdictions: 17th Judicial Circuit (Broward County Courthouse, Fort Lauderdale), 11th Judicial Circuit (Miami Dade), 15th Judicial Circuit (Palm Beach), and 16th Judicial Circuit (Monroe).
