Fort Lauderdale Probate Attorney

What Assets Go Through Probate?

Any assets held solely in a person’s name, without joint or payable-on-death account designations, typically undergo probate. The following assets often require probate in Florida:

• Real Estate: Homes, land, and other properties solely owned by the deceased.
• Bank Accounts: Checking and savings accounts held only in the decedent's name.
• Investments: Stocks, bonds, and mutual funds owned solely by the deceased.
• Personal Property: Items such as vehicles, jewelry, art, and collectibles not designated to a beneficiary.
• Business Interests: Ownership shares in a business or partnership if not transferred through a buy-sell agreement or similar arrangement.
• Intangible Assets: Intellectual property rights, patents, or copyrights owned solely by the deceased.
• Life Insurance Policies: If no beneficiary is named, the proceeds go through probate.

Assets that avoid probate include jointly owned property with rights of survivorship and accounts with properly designated beneficiaries. Keeping clear documentation, such as titles, ownership records, and beneficiary statements, helps determine which assets require probate administration.

Florida Probate Process Timeline

When beginning the probate process, you may expect a timeline with steps similar to the following:

• Step 1: File the petition to open probate. Any interested party, such as a creditor of the estate, can open probate. Typically, an heir or beneficiary requests to open the estate with the Clerk of Court.
• Step 2: Notify beneficiaries and interested parties: In this step, called “serving process,” the personal representative (or the one appointed) serves the petition for probate alongside a “Notice of Administration” to all beneficiaries, heirs, and interested parties. Individuals may file an objection if they believe the personal representative does not meet the qualifications set by Florida probate law.
• Step 3: Appoint the personal representative. If there are no valid objections and the personal representative meets all requirements, the court will appoint this person to manage the estate.
• Step 4: Gather and inventory the estate’s assets. After the appointment, the personal representative must take inventory of the estate’s assets. Our Fort Lauderdale probate attorney assists with the documentation and provides a checklist for this process. The inventory includes real estate, financial accounts, tangible assets like personal property and vehicles, and intangible assets such as stocks, bonds, and intellectual property.
• Step 5: Pay final taxes and plan a strategy for tax liability. The personal representative takes responsibility for settling any outstanding debts and determining tax liabilities. To ensure accuracy and minimal tax burdens, clients often rely on both legal and accounting guidance. Our firm helps with tax payments and prepares all necessary returns, verifying every required statement and document.
• Step 6: Manage creditor claims in estates without a will: The personal representative ensures that creditor claims are properly managed. Handling these matters according to legal requirements prevents unnecessary litigation or unplanned debts.
• Step 7: Determine beneficiaries and assets: The personal representative identifies all beneficiaries and clarifies what assets relate to the estate. This step involves determining who will inherit and which assets are included.

Personal representatives may need court approval for some actions, like selling real estate or resolving disputes among heirs. Throughout probate, maintaining accurate records and filing required documents on time helps avoid unnecessary delays and ensures a smoother administration.

Sometimes, additional steps are necessary, or certain circumstances require litigation. Our firm brings over 20 years of experience to help you understand each process and comply with requirements.

Formal & Summary Administration: Key Differences

Florida law offers two main types of probate administration: formal administration and summary administration. Most estates follow formal administration, which is comprehensive and required when the decedent owned significant assets or the estate involves complex circumstances. Formal administration includes several steps, court filings, and strict notifications to creditors and beneficiaries.

Summary administration streamlines probate for certain smaller estates. In Florida, estates valued below $75,000, or those where the decedent died more than two years ago, may qualify for summary administration. This process requires fewer forms and often allows families to transfer assets more quickly without ongoing court supervision. However, summary administration has limits. It may not fully address creditor claims, which could leave some risks unresolved for heirs or beneficiaries.

Our probate attorneys help clients decide which process is best for their estate and walk them through each step. By reviewing your unique circumstances, we present the pros and cons of both administration types so you can plan confidently.

Frequently Asked Questions

What is the difference between summary administration and formal administration in Florida probate?

Summary administration may be available for qualifying smaller estates or older deaths and typically resolves faster, while formal administration appoints a personal representative to manage assets, creditor claims, and distributions under court supervision.

Do all assets go through probate if there is a will?

No. Assets with valid beneficiary designations, joint ownership with rights of survivorship, or transfer on death arrangements generally pass outside probate even when a will exists.

When is ancillary probate required in Florida?

Ancillary probate is needed when a nonresident decedent owned Florida real property or assets that require a Florida court order to transfer. It is opened in addition to the home state probate.

How long does probate take in Broward County?

Timeframes vary. Summary administration can conclude in a few months when uncontested, while formal administration often takes several months or longer, depending on asset complexity, creditor claims, and any disputes.

Can a personal representative be challenged?

Yes. Interested parties can object if the proposed personal representative does not meet Florida qualifications or if there is a conflict. The court may consider evidence and appoint a different fiduciary if appropriate.

Ready to move your Florida probate forward in Fort Lauderdale

If you need guidance with summary or formal administration, ancillary probate, or probate litigation, our local team is ready to help families in Fort Lauderdale and across Broward County take the next step with confidence.

Schedule your case evaluation now by calling (954) 764-7273 or send a message through our secure online form.