Probate Administration
Fort Lauderdale
Probate Attorney.
Formal and summary administration across Broward, Miami-Dade, and Palm Beach. We will tell you on the first call whether you even need probate.
Someone has died and you have been handed a folder of accounts, a deed, and a stack of unopened mail. The first question is not which lawyer to hire. It is whether a court needs to be involved at all, because a large share of Florida estates transfer without a probate file ever being opened.
The Kogan Firm opens and closes estates in Broward, Miami-Dade, and Palm Beach. Paul Kogan is a litigator, which matters here for an unobvious reason: most probate work is administrative until it suddenly is not, and the matters that turn contested are the ones where having a courtroom lawyer already on the file saves the family a second retainer.
When Florida probate is required
Probate exists to move title on assets that have nowhere else to go. If an account, a vehicle, or a parcel of real property was titled in the deceased person’s sole name with no beneficiary designation, only a court order can transfer it. Everything else, and it is often most of the estate, passes by operation of law:
- Assets held in a funded revocable living trust pass under the trust, privately.
- Accounts with a payable-on-death or transfer-on-death beneficiary pass to that person directly.
- Property held jointly with right of survivorship, or as tenancy by the entirety between spouses, passes to the survivor.
- Life insurance and retirement accounts pass to the named beneficiary, not under the will.
Run the probate calculator before you do anything else. Six questions and you will know whether you are looking at formal administration, summary administration, or nothing at all.
Formal versus summary administration
Florida runs two tracks, and which one you are on drives every number that follows: the cost, the timeline, and whether a personal representative gets appointed at all.
Summary administration
- Probate estate of $150,000 or less, excluding homestead, for deaths on or after July 1, 2026. The prior ceiling was $75,000.
- Also available at any size if the death was more than two years ago.
- No personal representative, no letters of administration.
- Typically 4 to 8 weeks start to finish.
- Flat $3,000 at this firm.
Formal administration
- Everything that does not qualify above, and any estate needing ongoing authority to act.
- Court appoints a personal representative and issues letters of administration.
- Three-month creditor claim period sets the floor on timing.
- Typically 8 to 12 months for a clean file.
- From $4,500, quoted before we start.
The $150,000 ceiling is new. It came from chapter 2026-57, Laws of Florida, and it applies to deaths on or after July 1, 2026. For an earlier death the old $75,000 limit still governs, which means two families with identically sized estates can land on different tracks based only on a date. See the law update for the detail, or the glossary entry for the short version.
What probate actually costs
Florida Statute §733.6171 sets a presumptively reasonable attorney fee at 3 percent of the first $1 million of estate value, 2.5 percent of the next $4 million, and 2 percent of the next $5 million. On a $500,000 estate that is roughly $15,000, and the personal representative is entitled to a comparable commission under §733.617 on top of it.
We do not quote off that schedule on straightforward estates. Summary administration is a flat $3,000. Formal administration starts at $4,500 and is quoted in writing before any work begins, so the number you hear on the first call is the number on the engagement letter. Court filing fees, publication of the notice to creditors, and certified copies are separate and run a few hundred dollars.
The probate cost estimator models your specific estate, and what probate costs in Florida breaks down every line item. Full fee detail is on the pricing page.
Where your case gets filed
Probate is opened in the county where the person lived, and each county runs its own court, clerk, and calendar. The statutes are identical statewide; the local practice is not. Pick your county for the courthouse address, the clerk, the current filing fee, and how that court actually moves.
17th Judicial Circuit
Broward County
Filed in Fort Lauderdale. Our home county.
Probate in Broward11th Judicial Circuit
Miami-Dade County
Filed in Miami. Serving Miami, Hialeah, Miami Beach, and more.
Probate in Miami-Dade15th Judicial Circuit
Palm Beach County
Filed in West Palm Beach. Serving West Palm Beach, Boca Raton, Boynton Beach, and more.
Probate in Palm BeachWhat we handle
Opening the estate and qualifying the personal representative. Marshaling and valuing assets. Publishing and serving the notice to creditors, then resolving or objecting to the claims that come in. Determining homestead status. Filing the inventory and the accountings. Distributing and closing. Where the estate turns contested, we stay on it: will contests, undue influence and capacity claims, breach of fiduciary duty by a personal representative or trustee, and disputes over an elective share.
If you are the personal representative and want to understand the job before you accept it, the free Florida Executor’s Kit walks through the first thirty days. If you are administering a trust rather than an estate, start with the Trustee’s Kit.
Florida probate, common questions
Do I actually need probate in Florida?
Not always. Probate is only required for assets that were titled in the deceased person’s name alone with no beneficiary named. Anything held in a revocable trust, owned jointly with right of survivorship, or carrying a payable-on-death or transfer-on-death designation passes outside probate. Many families discover the entire estate transfers without a court file. Our probate calculator gives you a read in about two minutes.
How long does Florida probate take?
Formal administration generally runs 8 to 12 months for a clean estate. The floor is set by the three-month creditor claim period, which cannot be shortened. Disputes among beneficiaries, a will contest, out-of-state real property, or an unresponsive personal representative all push it longer. Summary administration is far faster, usually 4 to 8 weeks, because there is no personal representative appointed and no formal creditor process.
What does probate cost in Florida?
Three buckets: court costs, attorney fees, and personal representative compensation. Filing a petition for administration runs roughly $400 in Broward. Florida Statute §733.6171 sets a presumptively reasonable attorney fee schedule of 3 percent of the first $1 million of estate value, 2.5 percent of the next $4 million, and 2 percent of the next $5 million, so a $500,000 estate carries about $15,000 in statutory fees. We do not bill that way on simple matters. Summary administration is a flat $3,000, and formal administration starts at $4,500 and is quoted before we begin.
What is summary administration, and do I qualify?
Summary administration is Florida’s short-form probate under Statute §735.201. You qualify if the probate estate, excluding homestead, is $150,000 or less for deaths on or after July 1, 2026, or $75,000 or less for deaths before that date. You also qualify regardless of size if the person died more than two years ago. The ceiling increase came from chapter 2026-57, Laws of Florida. There is no personal representative and no letters of administration; the court simply orders the assets released to the beneficiaries.
Do I need a lawyer for probate in Florida?
For formal administration, effectively yes. The Florida Probate Rules require the personal representative to be represented by an attorney in nearly every formal administration, the narrow exception being an estate with a single interested person. Summary administration can technically be filed without counsel, but a defective petition gets rejected and the family restarts the clock, which is usually more expensive than doing it right the first time.
What happens if there is no will?
The estate is still probated, but Florida’s intestacy statutes in Chapter 732 decide who inherits instead of a will. A surviving spouse with no children, or with children only from that marriage, inherits everything. A spouse with children from another relationship takes half, and those children split the rest. With no spouse and no children, the estate passes to parents, then siblings, then further out. Our who-inherits tool walks the same statute.
Does the homestead go through probate?
Florida homestead is treated separately and does not count toward the summary administration ceiling. Under Article X, Section 4 of the Florida Constitution it is protected from most creditors, and it cannot be freely devised if there is a surviving spouse or a minor child. That restriction surprises people constantly: you cannot simply leave the house to whomever you like if you are married. The court usually enters a separate order determining homestead status.
Where is Florida probate filed?
In the county where the person lived at death, not where they died and not where the heirs live. For Broward that is the probate division of the 17th Judicial Circuit in Fort Lauderdale, for Miami-Dade the 11th Judicial Circuit, and for Palm Beach the 15th. Petitions are filed electronically through the statewide Florida Courts E-Filing Portal. Pick your county below for the courthouse, the clerk, and the current filing fee.
Outside these three counties? We can still help, or point you to the right local counsel. And if you are planning ahead rather than administering an estate, the better move is to avoid probate in the first place. Our trust vs will guide explains how, and the estate planning practice page covers what a plan involves.
New to the vocabulary? The estate and probate glossary defines the terms you will run into, from summary administration to the personal representative, with the Florida-specific detail.

Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
Not Sure Where to Start?
Do I even need probate?
Run our two-minute calculator, then book a free 15-minute call. We handle formal and summary administration across Broward, Miami-Dade, and Palm Beach.
This page is general information about Florida probate and does not constitute legal advice. Fee schedules, filing fees, and statutory thresholds change. Every estate is different.