Wills, Estate Planning & Probate Lawyers in Florida
Retaining a skilled Florida estate planning and probate lawyer protects your family legacy and ensures compliance with strict state constitutional homestead laws. Knowledgeable practitioners navigate formal probate administration, craft revocable trusts, and shield assets from unnecessary court delays and tax burdens. Browse our statewide Florida attorney directory below to schedule an estate planning consultation with a trusted local professional.
Florida Probate Law Firm, PLLC - Boca Raton, FL
Law Offices of David H. Trevett, PL - Orlando, FL
MacLean and Ema, P.A. - Pompano Beach, FL
Hoffman & Hoffman P.A. - Miami, FL
Sanchez Law Group, P.A. - Delray Beach, FL
Hamilton Price, P.A. - Bradenton, FL
The Law Office of Sidrena R. Morris - Miami, FL
McMann, P.A. - Lakeland, FL
Amy McGarry Law Office, PL - Cape Coral, FL
Jackson Law PA - Orlando, FL
Fox & Fox - Clearwater, FL
Daily, Montfort & Toups - Bradenton, FL
Berg Bryant Elder Law Group, PLLC - Jacksonville, FL
The Lassiter Law Firm - Jacksonville, FL
Byrd & Byrd, LLC - Jacksonville, FL
Daniel M Cantwell, Esq. - Port St. Lucie, FL
Powers & Rogers, PLLC - Cape Coral, FL
Jennifer R. Bondy, Esq. - Orlando, FL
Messer & Messer Law Offices - Port St. Lucie, FL
FL Probate Attorney - Michael T. Heider, P.A. - Clearwater, FL
Abel Lopez, P.A. | Attorney at Law - Miami, FL
Susanne Leone Attorney At Law - Miami, FL
The Castro Law Firm, PLLC - West Palm Beach, FL
Florida Probate Administration & Circuit Court Jurisdiction
Estate planning and probate administration in Florida operate under a distinct legal structure shaped by state constitutional protections and probate codes. Whether managing retirement wealth in South Florida, residential real estate in Tampa Bay, or family assets in Central Florida, an estate plan must comply with Florida execution formalities. When an individual passes away, estate administration proceedings fall within the exclusive jurisdiction of the Probate Division of the Florida Circuit Courts across the state's 20 Judicial Circuits, including the 11th Circuit in Miami-Dade, the 15th Circuit in Palm Beach, and the 17th Circuit in Broward County.
Florida probate oversees the validation of wills, payment of creditors, and transfer of legal title to beneficiaries. Depending on estate valuation and debt status, estates proceed under Formal Administration or Summary Administration. Practitioners in this field must satisfy the licensure requirements of The Florida Bar and comply with ethical rules enforced by the Florida Supreme Court. All probate pleadings and estate inventories are filed electronically via the Florida Courts E-Filing Portal.
Florida Estate Planning & Probate Cost Schedule
| Case Scenario | Fee Structure | Estimated Cost (USD) | Key Cost Determinants |
|---|---|---|---|
| Complete Estate Plan (Will, Trust, Powers of Attorney) | Flat Fee | $2,000 - $5,000 | Revocable trust complexity, homestead deeds, advance directive tailoring |
| Summary Administration (Assets Under $75k) | Flat Fee | $2,000 - $4,000 | Asset valuation ceiling, creditor waivers, distribution order preparation |
| Formal Probate Administration | Percentage / Hourly | $4,500 - $10,500+ | Estate inventory size, creditor claim negotiations, real property transfers |
| Will Contest / Undue Influence Litigation | Hourly Retainer ($400-$750/hr) | $15,000 - $40,000+ | Testamentary capacity audits, medical records discovery, circuit court trial length |
Critical Legal Deadlines & Statutes in Florida
Florida enforces precise statutory requirements for testamentary validity and probate deadlines. Under Fla. Stat. § 732.502, every last will and testament must be in writing and signed by the testator in the presence of at least two attesting witnesses, who must also sign in the presence of the testator and each other. Furthermore, Florida enforces strict constitutional limits on the devise of primary residences under Fla. Const. art. X, § 4, which prevents a decedent survived by a spouse or minor child from freely leaving the homestead to outside beneficiaries.
During probate, estates valued at $75,000 or less, or where the decedent has been deceased for more than two years, may qualify for streamlined Summary Administration under Fla. Stat. § 735.201. In Formal Administration, creditors must file claims against the estate within three months of publication of the Notice to Creditors pursuant to Fla. Stat. § 733.702; under Fla. Stat. § 733.710, an absolute two-year statute of repose bars all creditor claims following the decedent's death regardless of notice. Surviving spouses are protected by Florida's elective share statute under Fla. Stat. § 732.2065, securing a 30 percent interest in the elective estate.
Small Claims Limits vs. Florida Circuit Court Probate
Florida Small Claims Courts are limited to monetary claims up to $8,000 under Fla. Sm. Cl. R. 7.010. Small claims courts have zero legal authority over probate administration, estate accountings, or trust disputes. All probate actions belong exclusively to Florida Circuit Courts. Crucially, under Fla. Prob. R. 5.030, every personal representative must be represented by an attorney admitted to The Florida Bar unless the personal representative is the sole interested beneficiary.
Attempting self-directed estate planning or probate administration without counsel exposes executors to personal financial liability and creates severe title issues for inherited real property. Improperly executed wills result in intestacy, while misunderstanding homestead restrictions under Fla. Const. art. X, § 4 can invalidate intended bequests. A Florida probate attorney prepares compliant court filings, clears real estate title transfers, resolves creditor claims, and ensures orderly asset distribution under the Florida Probate Code.
Red Flags & Estate Planning Warnings
- Estate plans that attempt to devise Florida homestead property to third parties when the decedent is survived by a spouse or minor children, violating constitutional restrictions.
- Unlicensed document preparation companies offering generic wills or trusts that fail to satisfy Florida's strict two-witness attestation rules.
- Probate attorneys claiming statutory percentage fee caps without demonstrating the reasonable value of actual legal services performed.
- Personal representatives distributing estate funds to heirs prior to the expiration of the statutory three-month creditor claims period.
Frequently Asked Questions
Why is an attorney legally required for probate administration in Florida?
Under Fla. Prob. R. 5.030, Florida law requires every personal representative to be represented by a licensed Florida attorney, unless the personal representative remains the sole interested party of the estate, ensuring proper compliance with creditor and beneficiary protections.
How does the Florida Homestead exemption impact estate planning?
Under Fla. Const. art. X, § 4, a primary residence cannot be devised away from a surviving spouse or minor child. If a decedent attempts to leave homestead property to someone else while survived by a spouse or minor child, the devise is legally void.
What is the difference between Summary and Formal Administration in Florida?
Under Fla. Stat. § 735.201, Summary Administration is a streamlined probate process available if estate assets do not exceed $75,000 or the decedent has been deceased for more than two years. Formal Administration is required for larger estates and requires appointing a personal representative.
What is the deadline for creditors to file claims against a Florida estate?
Under Fla. Stat. § 733.702, creditors must file claims within three months after the first publication of the Notice to Creditors, or within 30 days of receiving direct notice. Under Fla. Stat. § 733.710, claims are barred after two years from the decedent's death.
What is the elective share for a surviving spouse in Florida?
Under Fla. Stat. § 732.2065, a surviving spouse has the legal right to claim an elective share of 30 percent of the decedent's elective estate, which encompasses both probate assets and certain non-probate holdings such as revocable trusts and joint accounts.