Wills Lawyers in Florida

Florida Probate Code and Circuit Court Probate Jurisdiction

Estate administration and will validation in Florida operate under the Florida Probate Code, codified in Chapters 731 through 735 of the Florida Statutes. Probate proceedings fall within the exclusive jurisdiction of the Probate Division of the Florida Circuit Courts, organized across 20 judicial circuits. Major probate dockets are managed in populous venues such as the 11th Judicial Circuit in Miami-Dade County, the 17th Judicial Circuit in Broward County, the 15th Judicial Circuit in Palm Beach County, the 13th Judicial Circuit in Hillsborough County, and the 9th Judicial Circuit in Orange County.

Florida maintains strict execution requirements for a last will and testament. Under Fla. Stat. § 732.502, every will must be in writing, signed by the testator at the end, and signed by at least two attesting witnesses in the presence of the testator and in the presence of each other. Unlike some jurisdictions, Florida strictly refuses to recognize unwitnessed holographic wills. To avoid the necessity of locating attesting witnesses during probate, attorneys prepare a self-proving affidavit pursuant to Fla. Stat. § 732.503, executed before a certified notary public at the time the will is signed.

A critical consideration in Florida estate planning is the constitutional restriction placed on the devise of homestead property under Article X, Section 4 of the Florida Constitution and Fla. Stat. § 732.401. If a decedent is survived by a spouse or a minor child, homestead property cannot be freely devised in a will, creating automatic statutory life estates or tenancy-in-common elections. Retaining an attorney licensed by The Florida Bar ensures testamentary instruments comply with constitutional mandates and withstand scrutiny during formal court administration.

Florida Wills & Estate Document Fee Guide

Critical Legal Deadlines & Statutes in Florida

Florida probate procedure enforces rigid deadlines that govern creditors, beneficiaries, and personal representatives. Under Fla. Stat. § 732.901, the custodian of a will must deposit the original document with the clerk of the circuit court in the county where the decedent resided within 10 days of receiving notice of the death. Once the personal representative publishes a Notice to Creditors, claimants have three months from the date of first publication, or 30 days from direct service under Fla. Stat. § 733.702, to file formal claims against the estate.

Beneficiaries wishing to challenge the validity of a will must act swiftly. Under Fla. Stat. § 733.212, an interested person served with a Notice of Administration must file any objection challenging the validity of the will, the qualifications of the personal representative, venue, or court jurisdiction within three months. If formal notice is served prior to the issuance of letters of administration under Fla. Stat. § 733.2123, this contest window is condensed to just 20 days. Additionally, surviving spouses seeking their 30 percent statutory elective share under Fla. Stat. § 732.201 must file an election on or before the earlier of six months from service of the notice of administration or two years after the decedent's death pursuant to Fla. Stat. § 732.2135.

Small Claims Limitations and Mandatory Attorney Rules in Florida Probate

Under Florida Small Claims Rule 7.010, Small Claims Courts handle contract and property disputes up to $8,000. However, small claims courts possess zero jurisdiction over wills, probate administrations, or estate disputes. All matters involving the distribution of a decedent's assets fall strictly under the Probate Division of the Florida Circuit Court.

Furthermore, Florida law severely restricts self-representation in probate matters. Under Florida Probate Rule 5.030, every personal representative must be represented by an attorney admitted to practice in Florida, unless the personal representative remains the sole interested beneficiary of the estate. While estates under $75,000 in non-exempt assets or cases where the decedent has been deceased for more than two years may qualify for Summary Administration under Fla. Stat. § 735.201, navigating homestead determinations and creditor discharges without counsel creates substantial title and tax liabilities. Retaining an attorney guarantees proper distribution of assets and clean insurable title for real estate.

Red Flags When Selecting a Florida Wills Attorney

• Promoting Generic Online DIY Will Forms: Online form templates frequently fail to comply with the witness presence rules of Fla. Stat. § 732.502 or overlook Florida's unique constitutional homestead restrictions.
• Failing to Include a Self-Proving Affidavit: Drafting a will without a notarized self-proving affidavit under Fla. Stat. § 732.503 requires locating subscribing witnesses years later, causing prolonged probate delays.
• Ignoring Surviving Spouse Elective Share Protections: A comprehensive wills lawyer must evaluate elective share rights under Fla. Stat. § 732.201 to prevent post-death spousal litigation.
• Attorneys Naming Themselves as Fiduciaries Without Disclosures: Exercise caution if an attorney insists on naming themselves as personal representative; Florida Bar rules mandate written disclosures confirming that the client had complete freedom of selection.

Frequently Asked Questions