How to Find a Probate Lawyer in Florida (and When You Need One)

Losing someone close is hard enough without having to navigate unfamiliar legal territory. If you are searching for a way to find a probate lawyer in Florida, this guide walks you through exactly what to look for, when to hire one, and how the right attorney can make this challenging time more manageable for your family.

Start Here: Do You Actually Need a Probate Lawyer?

If a loved one recently passed away in Florida, you are probably facing questions you never expected. What happens to their property? Who pays their debts? Do you need to go to probate court? The confusion is normal, and you are not alone.

A probate lawyer helps settle estates after a loved one’s death. Specifically, they guide the executor (called a “personal representative” in Florida) through court filings, communicate with creditors and beneficiaries, handle the paperwork for inventorying assets, and ensure the estate is distributed according to Florida law or the decedent’s valid will.

You should hire a probate attorney urgently if any of these circumstances apply:

• There is no will, and the court must determine who the heirs are

• Family members disagree about the estate or the validity of the will

• The deceased had significant debts or taxes owed

• Property exists in multiple counties or states

• Business interests or blended families are involved

• The estate is large or complex enough that mistakes carry real financial consequences

Estate complexity can dictate the level of legal expertise needed from a probate attorney. A “simple” estate with minimal assets and no disputes may qualify for Florida’s summary administration. A “complex” estate with real property, business ownership, or disputes among other heirs almost always requires formal administration and professional guidance. If your loved one passed away without a will, the process becomes more involved.

If your loved one passed away in Boca Raton in 2026 and left a home plus retirement accounts, speak with a probate lawyer in the first week so you can deposit the original will with the clerk within 10 days and file the petition for administration promptly.

The Siegel Law Group, P.A. offers free consultations to South Florida families before they file anything with the court. Contact our Boca Raton probate team to discuss your specific needs.

For a free legal consultation, call 561-955-8515

Understanding the Florida Probate Process

The probate process is the court-supervised legal process for proving a will, appointing a personal representative, paying debts and taxes, and distributing assets to beneficiaries. Probate administration involves court authority to manage an estate and distribute assets under Chapters 731–735 of the Florida Statutes. Probate requires filing a will in court to validate it before any distribution can happen.

Main steps in a Florida probate case:

1. File the petition in the county where the decedent lived (e.g., Palm Beach County)

2. Court issues Letters of Administration to the personal representative

3. Notify heirs, beneficiaries, and creditors

4. Inventory and value all probate assets (due within 60 days)

5. Review and resolve creditor claims during the mandatory three-month window

6. Prepare final accounting, distribute property, and close the estate

Probate law is state-specific, affecting procedures and regulations. Florida recognizes three main tracks: formal administration (full court supervision for most estates), summary administration (for non-exempt estates now valued at $150,000 or less for deaths on or after July 1, 2026), and disposition of personal property without administration for very small estates with only personal property.

Probate can take months or years to complete. Summary administration typically resolves in one to three months. Formal administration usually runs six to twelve months for uncontested cases, and contested matters can stretch well beyond that. A probate lawyer helps at each step-drafting petitions, dealing with the clerk and judge, managing creditor deadlines, and preparing accountings.

The Siegel Law Group regularly handles probate administration across South Florida, with familiarity in Palm Beach, Broward, and Miami-Dade county courts.

Probate Lawyer vs. Estate Planning Attorney: What’s the Difference?

Many people confuse these roles. A probate lawyer settles an estate after death-working with the executor, navigating the legal process of court-supervised administration, and dealing with creditors and beneficiaries named in the will. An estate planning attorney helps living clients create wills, revocable living trusts, powers of attorney, living wills, and other tools designed to avoid probate or simplify it later.

At The Siegel Law Group, the same attorney often handles both, providing continuity as “your law firm for life and beyond.” For example, we might help revise Mom’s Boca Raton trust in 2024 (estate planning), then conduct Dad’s formal administration in 2026 when he dies owning real estate only in his own name (probate). Working with one firm for both planning and administration helps preserve family history, reduce mistakes, and avoid conflicting legal strategies.

Click to contact our estate planning lawyers today

How to Find and Screen Probate Lawyers Near You

Here is a practical approach to find a probate lawyer who fits your situation:

• Search with local intent. Use queries like “probate lawyer Boca Raton” or “probate attorney Palm Beach County.” Look for attorneys who specialize primarily in probate, estate administration, or elder law rather than general practice.

• Check state bar standing. Visit The Florida Bar’s lawyer directory and filter by practice area and county. Checking state bar standing ensures the attorney is active and without disciplinary actions.

• Compare several firms. You should interview multiple probate attorneys before making a selection. Confirm they list probate administration, trust administration, or estate litigation as core practice areas.

• Research reputation through client reviews. Look for comments about compassion, communication, and transparent fees. Ask friends, financial advisors, or accountants for referrals.

• Gather relevant estate documents before meeting with a probate lawyer. Bring the will, death certificate, asset statements, and any known creditor information so the attorney can assess your probate case efficiently.

Selecting a probate lawyer with local court familiarity can streamline the process. A Boca Raton estate lawyer who knows Palm Beach County procedures can often file correctly the first time and reduce avoidable delays. Initial consultations with probate lawyers can be free or low-cost, so take advantage of that before committing.

The Siegel Law Group, P.A. focuses on estate planning, elder law, and probate and trust administration, and offers free consultations to help families determine if we are the right fit.

Complete a Free Case Evaluation form now

Key Factors to Consider When Choosing a Probate Attorney

Not all probate attorneys are the same. Choosing carefully can save you time, money, and stress during an already difficult process.

• Experience and focus. Choose a probate lawyer with extensive experience in probate law. Ask about the lawyer’s experience with cases similar to yours during the consultation. Verify that a probate lawyer has handled estates involving wills, debts, and disputes.

• Communication and accessibility. Effective communication and responsiveness are crucial traits in a probate attorney. Good communication skills are essential in a probate lawyer-they should return calls promptly and provide realistic timelines. A good probate lawyer explains complex legal steps in plain language.

• Compassion. Emotional empathy is important in a probate lawyer due to the sensitive nature of the work. Navigating grief and family tension requires someone who listens and does not pressure clients.

• Fee transparency. Probate lawyers may charge hourly or flat fees. Florida’s § 733.6171 provides a statutory schedule of “presumed reasonable” fees for formal administration-for example, $1,500 for estates up to $40,000, with percentages scaling for large estates above $100,000. For comparison, probate attorney fees in California can exceed $6,000 for small estates, and probate fees in California can exceed $6,000 for small estates generally. Always get a clear written fee agreement before work begins so you understand all potential costs, including extraordinary services.

• Ask specific questions. In your first meeting, ask: How many Florida probate cases do you handle each year in this county? Who in the office will be my main contact? How will you update me on progress?

The Siegel Law Group prides itself on patient, plain-language explanations, regular status updates, and fee structures discussed before any work begins.

The Role of a Probate Lawyer During Florida Probate Administration

Once you hire a probate attorney, here is what they will actually do on your behalf:

• Filing and petition. Prepare and file the initial petition for administration, submit the death certificate and original will, and obtain Letters of Administration giving the personal representative (administrator) legal authority to act.

• Gathering and valuing assets. Assist in identifying all probate property-homestead in Boca Raton, bank and investment accounts, retirement plans, vehicles, business interests. Coordinate any needed appraisal for real estate or other holdings.

• Managing debts and claims. Publish required creditor notices, review claims, and resolve or object to invalid ones. Coordinate payment of valid debts and handle tax filing responsibilities, including any federal estate tax obligations for large estates.

• Conflict management. Help prevent or resolve disputes among siblings, second spouses, and other heirs. This may involve mediation or, if needed, litigation to address concerns about the validity of the will or distributing assets fairly.

• Closing the estate. Prepare final accountings, receipts, and releases. Obtain court approval to ensure lawful distribution of property to beneficiaries. The personal representative’s duties end when the court grants discharge.

Probate lawyers ensure compliance with state probate laws and procedures and can expedite the estate distribution process. They assist executors in distributing assets to beneficiaries and help resolve disputes among heirs so your family can focus on grieving and healing rather than paperwork and procedural deadlines. They also help determine the proper order in which debts are settled and how the remaining estate is distributed.

How Good Planning (Now) Helps Your Family Avoid Probate Later

The best way to make probate easier-or to avoid probate entirely-is to plan before it becomes necessary. If you are currently serving as a person handling a loved one’s estate, use this experience as motivation to put your own plan in place.

Common Florida strategies to reduce or avoid probate:

• Revocable living trusts. Assets titled into a properly funded trust pass outside probate entirely.

• Beneficiary designations. Life insurance policies, retirement accounts, and annuities with beneficiaries named transfer directly to those individuals.

• POD and TOD accounts. Payable-on-death bank accounts and transfer-on-death deeds let you name recipients who receive assets without court involvement.

• Joint ownership. Tenancy by the entireties between spouses can sidestep probate for certain property, though it carries trade-offs worth discussing with a lawyer.

“Non-probate assets” include life insurance with named beneficiaries, retirement accounts with current designations, assets held in trust, and jointly owned real estate with survivorship rights. Everything else typically flows through probate-a public process that lacks privacy for families.

Watch out for common Florida pitfalls: outdated beneficiary designations after a divorce or birth, failing to retitle assets into a trust created years earlier, or relying solely on joint tenancy without understanding Florida’s survivorship rules. For context, in California, estates under $166,250 can avoid probate through simplified procedures-Florida has its own thresholds, so working with a local attorney matters. The process is time consuming and stressful when a plan is not in place.

An estate planning attorney at The Siegel Law Group can coordinate a will, trust, powers of attorney, health care directives, and asset titling to minimize court involvement and protect your interests and those of your family.

Ready to take the next step? Schedule a free estate planning readiness assessment with The Siegel Law Group, P.A. to review your current documents and explore ways to practice smart planning that spares your heirs from a complicated probate case. Contact us in Boca Raton or across South Florida-we are here to assist with respect and care during every stage of the process.

Legal Disclaimer: The content on this blog is intended for informational purposes only and does not constitute formal legal advice or establish an attorney-client relationship. Florida estate planning and probate laws are complex and subject to change; please consult a licensed attorney at The Siegel Law Group regarding your specific situation.

Call or text 561-955-8515 or complete a Free Case Evaluation form