How to Start Probate in Broward County

How to start probate in Broward County

To open a probate case in Broward County, you file a petition with the probate division of the Broward County courthouse in Fort Lauderdale, along with the original will (if one exists), a certified death certificate, and the required filing fee, which starts at $401 as of 2026 for most estates. Whether you go through summary administration or formal administration depends on the size of the estate and how long ago the person died.

Probate is not anyone's favorite process, but it does not have to be a mystery. If someone you love has died and you are not sure what comes next, this guide walks you through every step so you know what you are dealing with before you make your first move.

What type of probate do you need first?

Before you file anything, you need to figure out which type of probate applies. Florida offers two main options: summary administration and formal administration.

Summary administration is the faster, simpler route. As of July 1, 2026, under CS/HB 1337 (Chapter 2026-57, Laws of Florida), which amended Fla. Stat. 735.201, an estate qualifies for summary administration if the total non-exempt assets are worth $150,000 or less. For deaths that occurred before July 1, 2026, the old $75,000 ceiling applies. An estate of any size also qualifies once the decedent has been dead more than two years. Summary administration typically wraps up in 4 to 8 weeks.

Formal administration is required for larger estates or when there are creditors, disputes, or complicated assets to sort out. It involves appointing a personal representative, publishing a notice to creditors, and working through a structured court process. In Broward, formal administration realistically takes 8 to 12 months from filing to closing. For a deeper look at the timeline and what drives it, see our probate timeline guide.

If you are not sure which path applies to your situation, the who inherits without a will tool and our probate cost estimator can help you get oriented before you call anyone.

Step 1: Gather the documents you need to file

Before you walk into the courthouse or sit down with an attorney, pull these together:

• The original will, not a copy. Florida courts require the original under Fla. Stat. 733.201. If the original cannot be found, there is a process to admit a copy, but it adds time and complexity.
• A certified death certificate. You will need at least two copies, one for the court and one for financial institutions.
• A rough inventory of assets, real estate, bank accounts, vehicles, and anything else in the decedent's name alone.
• Names and addresses of all heirs and beneficiaries. The court will require notice to all of them.

Step 2: File the petition with Broward probate court

The Broward County probate division is located at 201 SE 6th Street in Fort Lauderdale. You file your opening petition there, along with the original will, death certificate, and the filing fee. As of 2026, filing fees start at $401 for most estates, with additional fees for larger inventoried values.

For summary administration, the petition asks the court to order distribution of the assets directly to the beneficiaries without appointing a personal representative. For formal administration, the petition asks the court to admit the will and appoint a personal representative, who is essentially the person authorized to manage the estate.

See our Broward County probate page for specifics on how the local court operates, including which division handles probate matters and what the judges there typically expect.

Step 3: Serve notice to heirs and interested parties

Once the case is opened, Florida law requires that all interested parties receive formal notice. Under Fla. Stat. 733.2121, the personal representative in a formal administration must also publish a Notice to Creditors in a local newspaper once a week for two consecutive weeks. That publication kicks off a 90-day creditor claims period that runs concurrently with the rest of the administration.

Creditors who miss that 90-day window are generally barred from making claims against the estate, which is one of the reasons formal administration protects beneficiaries better than simply transferring assets informally and hoping for the best.

Step 4: Inventory the estate and handle creditor claims

In formal administration, the personal representative files an inventory within 60 days of appointment under Fla. Stat. 733.604. This is a formal list of every probate asset and its fair market value.

From there, the personal representative reviews creditor claims, pays valid debts (including any income taxes and estate expenses), and keeps beneficiaries informed. If a claim is invalid, the personal representative can object, and the creditor has to take it to court to enforce it.

Step 5: Distribute assets and close the estate

Once debts are paid and the creditor period has closed, the personal representative distributes what remains to the beneficiaries according to the will, or according to Florida intestacy law under Fla. Stat. 732.101 if there is no will. A final accounting is filed, receipts are collected from beneficiaries, and the court enters an order discharging the personal representative and closing the estate.

For context on what the whole process costs, including attorney fees and court costs, visit our what probate costs guide.

What does Broward probate actually cost?

For summary administration, The Kogan Firm charges a flat fee of $3,000. Formal administration starts at $4,500 and is quoted after a free consultation because the scope varies too much from case to case to publish a single number. Florida law also sets statutory attorney fees as a percentage of the estate value, which can add up quickly for larger estates. You can run the numbers yourself with our probate calculator.

If you are thinking ahead and want to help your family avoid probate entirely, our estate planning page explains trust and will options that can keep most assets out of the probate system altogether.

Frequently asked questions

Do I need an attorney to file probate in Broward County?

For summary administration, Florida law technically allows individuals to file on their own, but courts in Broward regularly reject petitions that are missing required language or filed incorrectly, which causes delays. For formal administration, a personal representative who is not the sole beneficiary is required by Florida law to be represented by an attorney. Most families find the cost of an attorney is worth avoiding the back-and-forth with the court.

What happens if the person died without a will?

If there is no will, the estate is distributed under Florida's intestacy statutes, starting with Fla. Stat. 732.102. A spouse and children generally inherit first, in proportions that depend on your specific family structure. Probate is still required to transfer assets legally, and the court will appoint an administrator to handle the estate instead of a named personal representative.

How long does probate take in Broward County?

Summary administration typically closes in 4 to 8 weeks after filing, assuming the petition is complete and no one contests it. Formal administration in Broward realistically takes 8 to 12 months from the date of filing to the final order of discharge, and contested estates or those with creditor disputes can take longer. See our detailed how long probate takes in Broward guide for a month-by-month breakdown.

Can probate be avoided for real estate in Broward County?

Yes, in many situations. Florida recognizes Lady Bird deeds (enhanced life estate deeds), jointly held property with right of survivorship, and assets held in a revocable living trust as ways to transfer real estate without going through probate. The right tool depends on your goals and your family situation. Our trust vs will guide explains the tradeoffs clearly.

What is the filing fee to open probate in Broward County?

As of 2026, the base filing fee for opening a probate case in Broward County is $401 for most estates. Additional fees may apply depending on the size of the estate inventory and whether additional petitions need to be filed during the administration. These fees are paid to the clerk of court and are separate from attorney fees.

This post is for informational purposes only and does not constitute legal advice.