Probate Attorney in Boca Raton, Florida

Which type of Florida probate applies

Not every estate needs the full process. Determining the right track at the outset controls both cost and timeline.

• Formal administration — the standard proceeding for most estates, in which a personal representative is appointed and issued letters of administration.
• Summary administration — available where the non-exempt estate is valued at $75,000 or less, or the death occurred more than two years ago; faster, with no personal representative appointed.
• Disposition without administration — a narrow procedure for very small estates consisting of exempt property and limited final expenses.
• Ancillary administration — for a non-resident decedent who owned real property or other assets located in Florida.
• Petition to determine homestead status — often essential before a residence can be sold or insured with clear title.

What the personal representative actually has to do

Appointment is the beginning, not the end. The role carries fiduciary duties enforceable by beneficiaries and creditors alike.

The firm prepares and files the petitions, obtains letters of administration, publishes and serves the notice to creditors, serves the notice of administration on interested persons, prepares the inventory, evaluates and objects to improper claims, handles the sale of real property where needed, prepares the final accounting and plan of distribution, and files for discharge once distributions are complete.

Timelines vary. A straightforward summary administration can conclude in a matter of weeks; a typical formal administration in Palm Beach County commonly runs six to twelve months, driven largely by the creditor claim period, tax matters and whether real property must be sold.

Costs, exempt property and homestead

Florida law contemplates reasonable compensation for the attorney and the personal representative, and the statute provides a presumptively reasonable percentage schedule tied to estate size. The firm reviews the anticipated cost with you before filing, so there is no mystery about what administration will consume.

Homestead property and certain exempt assets, including household furnishings within statutory limits and specified vehicles, generally pass outside the reach of most creditors. Correctly identifying exempt property early can dramatically change what beneficiaries actually receive.

Where the estate holds real property, having the same attorney handle the probate and the closing avoids the delay of coordinating separate offices — title, deed and court authority all move together.