Wills, Estate Planning & Probate Lawyers in Florida

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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 - Attorney in Boca Raton
Florida Probate Law Firm, PLLC - Boca Raton, FL

Florida Probate Law Firm, PLLC - Boca Raton, FL

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6751 N Federal Hwy STE 101, Boca Raton, Florida
Free Consultation
Specializing in: Probate Administration, Estate Administration, Out of State Probate, Professional Executor Services
Law Offices of David H. Trevett, PL - Orlando, FL - Attorney in Orlando
Law Offices of David H. Trevett, PL - Orlando, FL

Law Offices of David H. Trevett, PL - Orlando, FL

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6900 Tavistock Lakes Blvd Suite 400, Orlando, Florida
Free Consultation
Specializing in: Business Formation and Planning, Commercial Leasing, Real Estate Closings and Title Services, Wills and Trusts, Advance Directives, Probate Law
MacLean and Ema, P.A. - Pompano Beach, FL - Attorney in Pompano Beach
MacLean and Ema, P.A. - Pompano Beach, FL

MacLean and Ema, P.A. - Pompano Beach, FL

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2600 NE 14th Street Causeway, Pompano Beach, Florida
Specializing in: Estate Planning, Revocable Living Trusts, Probate and Trust Administration, Residential Real Estate Closings, Commercial Property Transactions, Business Formation
Hoffman & Hoffman P.A. - Miami, FL - Attorney in Miami
Hoffman & Hoffman P.A. - Miami, FL

Hoffman & Hoffman P.A. - Miami, FL

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66 W Flagler St Suite 200, Miami, Florida
Free Consultation
Specializing in: Divorce, Child Custody, Prenuptial Agreements, Probate Administration, Estate Planning, Trusts, Civil Litigation, Insurance Law
Sanchez Law Group, P.A. - Delray Beach, FL - Attorney in Delray Beach
Sanchez Law Group, P.A. - Delray Beach, FL

Sanchez Law Group, P.A. - Delray Beach, FL

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55 SE 2nd Ave #301, Delray Beach, Florida
Free Consultation
Specializing in: Probate Administration, Estate Planning, Living Trusts, Guardianship, Asset Protection, Personal Injury Claims
Hamilton Price, P.A. - Bradenton, FL - Attorney in Bradenton
Hamilton Price, P.A. - Bradenton, FL

Hamilton Price, P.A. - Bradenton, FL

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2400 Manatee Ave W, Bradenton, Florida
Free Consultation
Specializing in: Estate Planning, Wills and Trusts, Probate and Trust Administration, Personal Injury, Construction Litigation, Guardianship, Business Organizations
The Law Office of Sidrena R. Morris - Miami, FL - Attorney in Miami
The Law Office of Sidrena R. Morris - Miami, FL

The Law Office of Sidrena R. Morris - Miami, FL

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1021 Ives Dairy Rd, Miami, Florida
Free Consultation
Specializing in: Car Accidents, Slip and Fall Injuries, Wrongful Death, Estate Planning, Wills and Trusts, Probate Administration, Healthcare Surrogacy
McMann, P.A. - Lakeland, FL - Attorney in Lakeland
McMann, P.A. - Lakeland, FL

McMann, P.A. - Lakeland, FL

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1700 Florida Ave S, Lakeland, Florida
Free Consultation
Specializing in: Divorce, Child Custody, Child Support, Criminal Defense, DUI and Traffic Offenses, Bankruptcy, Immigration, Personal Injury
Amy McGarry Law Office, PL - Cape Coral, FL - Attorney in Cape Coral
Amy McGarry Law Office, PL - Cape Coral, FL

Amy McGarry Law Office, PL - Cape Coral, FL

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1708 Cape Coral Pkwy W #7, Cape Coral, Florida
Free Consultation
Specializing in: Estate Planning, Elder Law, Medicaid Planning, Life Care Planning, Probate and Trust Administration, Special Needs Trusts, Guardianship
Jackson Law PA - Orlando, FL - Attorney in Orlando
Jackson Law PA - Orlando, FL

Jackson Law PA - Orlando, FL

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5401 S Kirkman Rd, Orlando, Florida
Free Consultation
Specializing in: Estate Planning, Probate, Elder Law, Wills and Trusts, Asset Protection, Power of Attorney
Fox & Fox - Clearwater, FL - Attorney in Clearwater
Fox & Fox - Clearwater, FL

Fox & Fox - Clearwater, FL

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2515 Countryside Blvd, Clearwater, Florida
Free Consultation
Specializing in: Estate Planning, Probate, Residential Real Estate, Commercial Real Estate, Corporate Law, Tax Law
Daily, Montfort & Toups - Bradenton, FL - Attorney in Bradenton
Daily, Montfort & Toups - Bradenton, FL

Daily, Montfort & Toups - Bradenton, FL

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538 12th St W, Bradenton, Florida
Free Consultation
Specializing in: Estate Planning, Tax Defense, IRS Audits, Wills and Trusts, Medicaid Planning, Elder Law, Probate Administration, Veterans Benefits, Special Needs Trusts, Business Law
Berg Bryant Elder Law Group, PLLC - Jacksonville, FL - Attorney in Jacksonville

Berg Bryant Elder Law Group, PLLC - Jacksonville, FL

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7545 Centurion Pkwy, Jacksonville, Florida
Specializing in: Medicaid Planning, Special Needs Trusts, Long-Term Care Planning
The Lassiter Law Firm - Jacksonville, FL - Attorney in Jacksonville

The Lassiter Law Firm - Jacksonville, FL

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6100 Greenland Rd, Jacksonville, Florida
Free Consultation
Specializing in: Family Law, Divorce, Child Custody, Paternity, Child Support
Byrd & Byrd, LLC - Jacksonville, FL - Attorney in Jacksonville

Byrd & Byrd, LLC - Jacksonville, FL

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1646 Emerson St, Jacksonville, Florida
Free Consultation
Specializing in: Traffic Tickets, Workers Compensation, Auto Accidents
Daniel M Cantwell, Esq. - Port St. Lucie, FL - Attorney in Port St. Lucie
Daniel M Cantwell, Esq. - Port St. Lucie, FL

Daniel M Cantwell, Esq. - Port St. Lucie, FL

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1525 Ballantrae Ct, Port St. Lucie, Florida
Free Consultation
Specializing in: Tax Law, IRS Dispute Resolution, Back Taxes, Estate Planning, Wills and Probate, Contract Law, Corporate and Business Tax Advisory
Powers & Rogers, PLLC - Cape Coral, FL - Attorney in Cape Coral
Powers & Rogers, PLLC - Cape Coral, FL

Powers & Rogers, PLLC - Cape Coral, FL

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615 Cape Coral Pkwy W, Cape Coral, Florida
Free Consultation
Specializing in: Business Litigation, Real Estate Litigation, Construction Litigation, Breach of Contract, Landlord-Tenant Disputes, Probate Litigation, Personal Injury, Business Formation
Jennifer R. Bondy, Esq. - Orlando, FL - Attorney in Orlando
Jennifer R. Bondy, Esq. - Orlando, FL

Jennifer R. Bondy, Esq. - Orlando, FL

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815 N Magnolia Ave, Orlando, Florida
Specializing in: Estate Planning, Probate Administration, Trusts, Wills, Residential Real Estate, Commercial Real Estate, Asset Protection
Messer & Messer Law Offices - Port St. Lucie, FL - Attorney in Port St. Lucie
Messer & Messer Law Offices - Port St. Lucie, FL

Messer & Messer Law Offices - Port St. Lucie, FL

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1555 NW St Lucie West Blvd, Port St. Lucie, Florida
Free Consultation
Specializing in: Personal Injury, Wrongful Death, Car Accidents, Products Liability, Insurance Bad Faith, Estate Planning, Probate Administration
FL Probate Attorney - Michael T. Heider, P.A. - Clearwater, FL - Attorney in Clearwater
FL Probate Attorney - Michael T. Heider, P.A. - Clearwater, FL

FL Probate Attorney - Michael T. Heider, P.A. - Clearwater, FL

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2629 McCormick Dr # 102, Clearwater, Florida
Free Consultation
Specializing in: Florida Probate Administration, Formal Administration, Summary Administration, Estate Planning, Living Trusts, Elder Law, Medicaid Planning, Nursing Home Asset Protection, Tax Preparation
Abel Lopez, P.A. | Attorney at Law - Miami, FL - Attorney in Miami
Abel Lopez, P.A. | Attorney at Law - Miami, FL

Abel Lopez, P.A. | Attorney at Law - Miami, FL

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8660 W Flagler St STE 100, Miami, Florida
Free Consultation
Specializing in: Estate Planning, Probate Administration, Elder Law, Guardianship, Revocable Living Trusts, Power of Attorney, Car Accident Injury Claims
Susanne Leone Attorney At Law - Miami, FL - Attorney in Miami
Susanne Leone Attorney At Law - Miami, FL

Susanne Leone Attorney At Law - Miami, FL

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201 S Biscayne Blvd, Miami, Florida
Specializing in: German-American Corporate Law, U.S. Business Formation, Cross-Border Commercial Contracts, Investor Visas, Commercial Real Estate, International Estate Planning
The Castro Law Firm, PLLC - West Palm Beach, FL - Attorney in West Palm Beach
The Castro Law Firm, PLLC - West Palm Beach, FL

The Castro Law Firm, PLLC - West Palm Beach, FL

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2054 Vista Pkwy # 400, West Palm Beach, Florida
Free Consultation
Specializing in: Probate Administration, Estate Planning, Guardianship, Wills, Revocable Trusts, Special Needs Trusts, First Responder Estate Planning, Incapacity Planning
Silvers Law, P.A. - Clearwater, FL - Attorney in Clearwater
Silvers Law, P.A. - Clearwater, FL

Silvers Law, P.A. - Clearwater, FL

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26133 US Hwy 19 N, Clearwater, Florida
Free Consultation
Specializing in: Estate Planning, Wills and Trusts, Probate Administration, Trust Administration, Guardianship, Pet Trusts, Powers of Attorney, Advance Healthcare Directives, Lady Bird Deeds
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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 ScenarioFee StructureEstimated Cost (USD)Key Cost Determinants
Complete Estate Plan (Will, Trust, Powers of Attorney)Flat Fee$2,000 - $5,000Revocable trust complexity, homestead deeds, advance directive tailoring
Summary Administration (Assets Under $75k)Flat Fee$2,000 - $4,000Asset valuation ceiling, creditor waivers, distribution order preparation
Formal Probate AdministrationPercentage / Hourly$4,500 - $10,500+Estate inventory size, creditor claim negotiations, real property transfers
Will Contest / Undue Influence LitigationHourly 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.

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