Probate Attorneys in Fort Lauderdale, Florida

Fort Lauderdale Probate Attorneys for Estates, Disputes, and Property Transfers

When a loved one dies and leaves behind property in South Florida - whether it's a family home in Fort Lauderdale, rental units across Broward County, or a condo in Palm Beach - the legal process of probate determines how those assets are gathered, debts are paid, and property is distributed to heirs. Delays, missed deadlines, or mistakes during probate administration can stall real estate sales, trigger disputes among family members, and expose the executor or personal representative to personal liability.

If you're facing any of these situations - a recent death, a contested will, or Florida estate property that needs to be transferred - The Elliot Legal Group, P.A. provides experienced probate attorney services in Fort Lauderdale and across Broward, Miami-Dade, and Palm Beach counties. We help personal representatives, beneficiaries, and out-of-state heirs navigate Florida probate law so estates are settled efficiently and in full compliance with the law.

Acting quickly matters. Florida law requires the original will to be deposited with the clerk within 10 days of learning of the death. A will must be admitted to probate within five years. Court-supervised creditor notice periods, property title issues, and the risk of family disputes all increase when probate proceedings are delayed. The outcomes we work toward are straightforward: orderly estate administration, faster access to assets, smoother sale or transfer of Florida real estate, and reduced conflict among heirs.

Schedule a Probate Consultation

If you need help with a Florida probate matter, contact The Elliot Legal Group, P.A. today to schedule a consultation. You'll speak directly with a probate attorney - not a paralegal or intake coordinator. During that initial meeting, we provide a brief review of the estate, explain the Florida probate options available, give you a rough timeline, and outline the next steps so you know exactly what to expect.

Why Fort Lauderdale Families Trust The Elliot Legal Group, P.A.

Probate is a high-stakes legal process. The person managing the estate carries fiduciary duties, court deadlines are strictly enforced, and errors can be time consuming and costly to correct. Concrete credentials matter - here's why South Florida families and investors trust this firm:

• Licensed to practice law in Florida, Washington, D.C., and England & Wales - valuable for cross-border estates and international heirs.
• Serving South Florida families and investors since the early 2000s, with years of hands-on probate, real estate, and business law experience.
• Extensive experience handling probate matters involving Broward, Miami-Dade, and Palm Beach County courts.
• Regularly assisting executors, personal representatives, and out-of-state heirs with Florida property and cross-border estates.
• Background in business and real estate law - particularly helpful where estates hold companies, rental properties, or investment portfolios.

Why South Florida Chooses Us for Probate Attorneys

Large firms often route probate clients to junior associates or rotate cases through teams. At The Elliot Legal Group, P.A., we take a boutique, hands-on approach that keeps the attorney you first speak with involved throughout your case. Every differentiator below is tied to an outcome that matters to our clients:

• Personalized guidance: Direct access to an experienced probate lawyer from consultation through closing - you're not handed off to a rotating team.
• Real estate and business insight: We unwind complex estates involving rental properties, condos, HOA and condo association issues, and closely held companies. Our real estate litigation background supports cases where property title disputes intersect with probate.
• Clear communication: Plain-English explanations of Florida probate steps, timelines, and costs before any major decision. Clear communication is essential when selecting a probate attorney, and we make it a priority from the first call.
• Support for out-of-state and international heirs: We handle Florida probate proceedings when beneficiaries live elsewhere, coordinating filings, property sales, and distributions remotely when needed.

Our Probate Attorney Services

A probate attorney helps with everything from straightforward, uncontested estates to high-conflict litigation involving contested wills, business interests, and multi-property portfolios. Below is a scannable overview of the core services offered by The Elliot Legal Group, P.A. in Fort Lauderdale and surrounding counties.

Florida Estate Administration and Personal Representative Support

This service is for executors or personal representatives named in a valid will, or family members who need to be appointed by the court after a death in Florida. A probate attorney guides the personal representative through settling a deceased person's estate - including opening the estate with the court, notifying heirs and creditors, inventorying and valuing assets, paying debts and taxes, and distributing remaining property to beneficiaries.

An executor has legal responsibilities and benefits from advice from a probate attorney at every stage. Hiring a probate attorney can help prevent procedural mistakes during estate administration, reduce stress for the person managing the estate, and ensure compliance with Florida statutes (Chapters 731–735). Estate administration can be complex and may necessitate a probate attorney's guidance, especially when the probate estate includes real estate, bank accounts, and business interests.

Probate for Estates with Florida Real Estate

If a loved one died owning a home, condo, vacation property, or investment real estate in Broward, Miami-Dade, or Palm Beach County, probate is typically legally required to clear title so the property can be sold, refinanced, or transferred. Our real estate attorneys work alongside our probate team to address issues that commonly arise: condo association approvals, landlord–tenant questions, HOA liens, outstanding mortgages, boundary disputes, and homestead exemption considerations.

Jointly-owned property transfers directly to surviving owners without court involvement, and assets in trust bypass the probate process entirely. But when estate property is held solely in the decedent's name, probate proceedings are usually the only path to a clean title transfer.

Formal and Summary Administration in Florida

Florida provides two main probate paths for most estates:

• Formal probate (formal administration): The standard process with full court oversight. The court oversees the appointment of a personal representative, creditor notifications, detailed accounting, and final distribution. Formal probate is necessary when a will is contested or unclear, or when the estate's non-exempt assets exceed the threshold for summary administration.
• Summary administration: A streamlined path available when non-exempt probate assets total $75,000 or less, or if the decedent has been dead for more than two years. Fewer filings, faster timelines, and simpler procedures - though not every estate qualifies. Small estates may qualify for simplified probate procedures, and some states set different thresholds (for example, Arkansas allows a summary procedure for small estates under $100,000, and in Arizona, estates under $100,000 avoid full probate).

We evaluate estate size, asset types, and debts to determine whether your case qualifies for the more streamlined summary route. The trade-offs involve speed and simplicity versus the need for more supervised court oversight and documentation in formal proceedings.

Ancillary Probate for Out-of-State Decedents with Florida Property

Ancillary probate occurs when property is owned in another state - or when a decedent domiciled outside Florida owned real estate, business interests, or tangible personal property here. If the deceased lived in New York, Illinois, or another country but owned a Fort Lauderdale condo or a rental portfolio in Miami-Dade, ancillary probate in Florida is needed to complement the main probate case in the home jurisdiction.

Florida's updated Rule 5.470 (effective October 1, 2026) governs ancillary administration, clarifying requirements for authenticated foreign proceedings and verified petitions. We help out-of-state heirs and personal representatives efficiently transfer or sell Florida assets, coordinate with domiciliary counsel, and ensure property title is cleared without unnecessary delay.

Probate Litigation and Will Contests

Probate attorneys assist with will contests and disputes - and South Florida sees more than its share, given the region's large population of out-of-state heirs, real estate investors, and international property owners. Probate attorneys play a key role in resolving disputes among beneficiaries, whether through negotiation, mediation, or trial.

Typical disputes include:

• Challenges to the validity of a will (signature, capacity, or allegations of undue influence)
• Removal of a personal representative who has failed in their duties
• Accounting disputes and conflicts over distributions
• Conflicts involving business interests, real estate assets, or partnership interests within the estate

Probate attorneys may represent either the executor or the beneficiaries in legal matters. We aim for negotiated resolutions where possible and take cases to trial when necessary to protect our clients' interests.

Estate Planning to Minimize or Avoid Probate

Probate attorneys also help living clients structure their affairs so their families face fewer court processes later. Probate attorneys clarify estate processing through planning, and effective estate planning can simplify or even avoid probate entirely.

Tools we use include:

• Revocable living trusts: Assets held in trust bypass the probate process and pass directly to designated beneficiaries without court involvement. Learn more about using trusts to protect assets in Florida.
• Enhanced life estate deeds (Lady Bird deeds): Allow the owner to retain full rights during life, then automatically pass real estate to beneficiaries without probate.
• Updated beneficiary designations: Life insurance proceeds, retirement accounts, and payable-on-death accounts pass directly to beneficiaries without court involvement - as long as designations are current.
• Business succession plans: For estates holding closely held companies or partnership interests.

The outcomes: faster transfer of assets, more privacy for the family (since probate filings are public records), and reduced risk of future disputes or contests.

How Our Probate Process Works

Many people delay calling a probate attorney because they don't know what will happen next. This section sets expectations from first contact through closing the estate in a typical Florida probate matter.

Step 1: Consultation and Case Review

You start by calling, submitting an online form, or booking a meeting at our Fort Lauderdale office or by video. Bring whatever you have: a death certificate, any will or trust documents, property records, and a basic list of the decedent's assets and debts.

During this step, the attorney confirms whether probate is needed, identifies the appropriate Florida court, and outlines the likely path - summary vs. formal, contested vs. uncontested. An attorney helps identify and value estate assets during probate, and we also explain the fee structure for probate attorneys, which may include hourly fees, flat fees, or statutory fees depending on case complexity and estate size. Non-probate assets - such as jointly-owned property, assets in trust, and accounts with designated beneficiaries - are identified early so you understand which assets are actually involved in probate proceedings.

Step 2: Opening and Managing the Estate

We prepare and file the necessary petitions to appoint a personal representative and open the probate case with the 17th Judicial Circuit Court (for Broward County) or the applicable court in Miami-Dade or Palm Beach. Probate attorneys assist with filing legal documents and opening probate - including the required Notice to Creditors publication and formal notices to all heirs and beneficiaries.

Ongoing work includes marshaling bank and brokerage accounts, handling real estate issues, managing creditor claims and outstanding debts of the estate, and coordinating with accountants if estate tax returns are required. Effective estate management often requires collaboration with other professionals such as accountants. Throughout, you receive periodic updates, review and approve key filings, and get clear explanations of each court deadline.

Step 3: Distribution, Closing, and Post-Probate Issues

We prepare a final accounting and distribution plan, then obtain court approval. A probate attorney helps ensure that distributions comply with the law and the deceased's wishes - and that all creditor claims have been properly addressed.

Final actions include recording deeds for real property, transferring titles, and ensuring all court orders are complied with. Attorneys help validate wills and identify beneficiaries based on the deceased's wishes throughout this process. Post-probate, we remain available to resolve any remaining disputes, advise on ongoing trusts, and help beneficiaries with related business or real estate questions.

Representative Probate Matters and Outcomes

Specific results cannot be guaranteed, but prior matters illustrate how experienced probate attorneys add value. Probate procedures and requirements vary based on state laws and the deceased's assets - the scenarios below reflect the types of cases we handle regularly in South Florida.

• Multi-property real estate estate: An estate involving multiple South Florida rental properties and commercial leases, resolved so the family could sell or retain properties efficiently. The firm coordinated title cleanups, lease obligations, tenant issues, and property appraisals across Broward and Miami-Dade counties.
• Contested will settlement: A contested will where one heir alleged undue influence, resulting in a negotiated settlement that avoided a prolonged trial. Mediation and structured negotiations allowed the family to reach a fair resolution under court oversight.
• Ancillary probate for international owner: An ancillary probate for a non-U.S. citizen who owned a Florida condo, enabling timely sale and repatriation of funds to heirs abroad. Foreign estate proceedings were authenticated, title was cleared, and proceeds were transferred efficiently.
• Summary administration for small estate: A small estate qualifying for summary administration where the main goal was quickly clearing title to a Fort Lauderdale home. With no creditor disputes and non-exempt assets under the threshold, the estate was settled in a matter of months.

What Our Probate Clients Say

Real experiences from local clients help new visitors feel confident reaching out. We invite our probate clients to share their experience so others dealing with a difficult situation know what to expect.

Genuine client testimonials will be added here as they become available. Each will describe the type of matter - such as the sale of a deceased parent's condo, resolving a sibling dispute, or handling an estate from out of state - and identify the client's general location and the concrete benefits they experienced: responsive communication, clear guidance, timely resolution, or successful handling of a difficult dispute.

Areas We Serve for Probate Matters

The Elliot Legal Group, P.A. is firmly rooted in South Florida but regularly assists clients who live elsewhere with Florida estates. Whether you're local or managing a Florida probate case from across the country, we provide the same level of direct support.

• Fort Lauderdale and greater Broward County - including Hollywood, Plantation, Davie, Coral Springs, and Pompano Beach
• Miami-Dade County - including Miami, Miami Beach, Aventura, Doral, and Coral Gables
• Palm Beach County - including Boca Raton, Delray Beach, West Palm Beach, and Boynton Beach
• Out-of-state and international clients with Florida real estate or business interests requiring probate

Frequently Asked Questions About Probate Attorneys in Florida

These FAQs address common questions that delay families from hiring a probate attorney. If your question isn't answered here, contact us for a consultation.

How much does a probate attorney cost in Florida?

The fee structure for probate attorneys may include hourly fees, flat fees, or statutory fees. Florida law provides a statutory schedule for presumed reasonable attorney fees in formal administration - for example, approximately 3% of compensable value for estates up to $1 million, tapering down for larger estates. Some Fort Lauderdale firms offer flat fees of approximately $3,500 for summary administration, plus court filing and publication costs. Filing fees in Broward County are roughly $400–$450 for formal administration.

The Elliot Legal Group, P.A. explains our fee structure and estimated total costs during the initial consultation before any work begins. Hiring a probate attorney can prevent costly delays - and efficient handling can reduce court delays and related expenses for the estate overall.

How long does probate take in Broward, Miami-Dade, or Palm Beach County?

Timelines vary depending on the type of probate and the complexity of assets involved:

• Summary administration in straightforward cases: often 3–6 months.
• Formal administration with multiple assets and creditors: typically 6–12 months.
• Contested or litigated estates with disputes, business interests, or complex real estate: 12–24 months or longer.

Factors that affect timing include court schedules, disputes among heirs, complexity of assets (businesses and real estate especially), and how quickly documentation is assembled. The process can be time consuming, but working with experienced counsel helps keep it on track.

Do I really need a probate attorney if the estate seems simple?

Florida law does not always require an attorney for every estate, but the rules and paperwork can be complex even for estates that appear simple. Probate is a court-supervised process after someone's death, and even a straightforward estate involves statutory requirements: depositing the will, appointing a personal representative, publishing notices to creditors, filing inventories, and transferring title.

Risks of handling probate alone include missed deadlines, improper notices, personal liability for the personal representative, and delays in selling property. Hiring a probate attorney can help prevent procedural mistakes during estate administration. A brief consultation can confirm whether professional help is recommended in your specific situation - and if not, you'll know what happens if you die without a will in Florida and how to avoid common pitfalls.

Can a probate attorney help if I live outside Florida?

Many of our clients live in other states or countries while administering a Florida estate or selling Florida property. We coordinate most steps remotely - using phone, email, and video calls - while handling filings in local courts. For distant heirs, this means reduced travel, local court knowledge, and on-the-ground support for real estate or business assets.

Ancillary probate is common in these situations, running alongside or in addition to the primary probate in the home jurisdiction. We handle estates with assets in more than one jurisdiction and ensure foreign probate documents are properly authenticated for Florida courts.

What is the difference between a will and probate in Florida?

A will states the decedent's wishes - who should receive property, who should serve as personal representative, and how assets should be distributed. Probate is the court-supervised legal process used to carry out those wishes and legally transfer title to heirs. Probate involves gathering assets and paying off debts before distributing what remains to beneficiaries.

Having a valid will does not, by itself, avoid probate - though it can make the process more orderly and reduce the risk of disputes. Non-probate assets (such as jointly-owned property, accounts with designated beneficiaries, and assets held in trust) pass directly to beneficiaries without court involvement. We can review existing wills and advise on whether additional planning - such as a revocable living trust or Lady Bird deed - is appropriate to simplify or avoid probate for your family.

Speak With a Fort Lauderdale Probate Attorney

You don't have to navigate Florida probate alone - especially when an estate involves real estate, business interests, or potential disputes among heirs. Whether you need help with formal probate, summary administration, ancillary proceedings, or a will contest, we're ready to provide the guidance you need.

Call or book a consultation today to discuss your specific probate situation and find out the best path forward.

The Elliot Legal Group, P.A. · Phone · Email · Fort Lauderdale, serving Broward, Miami-Dade, and Palm Beach counties