Probate & Trust Administration Attorneys — Fort Lauderdale and Boca Raton, FL

Probate and trust administration are the processes by which a person’s estate is settled after death — one court-supervised, one not. Florida probate is a formal legal proceeding required when assets were held in the decedent’s name alone without a beneficiary designation. Trust administration is a private process governed by the Florida Trust Code, required when assets passed through a revocable or irrevocable trust. Both involve fiduciary obligations, creditor exposure, and time-sensitive decisions. David Shulman is Board Certified by the Florida Bar in Wills, Trusts and Estates and holds an LL.M. in Taxation. Board Certification is held by fewer than five percent of eligible Florida attorneys.

What Is Florida Probate and When Is It Required?

Probate is the court-supervised process for transferring assets held in a decedent’s individual name to heirs or beneficiaries. In Florida, formal administration is required when the decedent has been dead fewer than two years and the estate’s non-exempt assets exceed $75,000. The process involves filing a petition in the circuit court of the county where the decedent was domiciled, appointing a personal representative, publishing Notice to Creditors, resolving claims, and ultimately distributing assets under court supervision. It is not optional when it applies — and whether it applies depends entirely on how assets were titled at death, not on the size of the estate overall.

Do You Always Have to Go Through Probate in Florida?

Not always. Florida offers two simplified procedures — summary administration and disposition without administration — for smaller or simpler estates. Formal administration is the default when neither simplified procedure applies, and is generally required when the decedent has been dead fewer than two years and the estate’s non-exempt assets exceed $75,000. Assets that pass by beneficiary designation — life insurance, retirement accounts, jointly held property, and payable-on-death accounts — bypass probate entirely regardless of estate size. A well-structured estate plan, including a funded revocable trust, can eliminate or substantially reduce probate exposure. Whether probate is required, and which procedure applies, depends on the specific assets and how they were titled at death.

How Long Does Florida Probate Take?

Formal administration in Florida typically takes eight to twelve months for straightforward estates. Complications extend that timeline: creditor claims that must be resolved, real property that needs to be sold, disputes among beneficiaries, or estates involving assets in multiple states. Florida’s creditor claim period runs three months from the date of first publication of Notice to Creditors — that window alone sets a floor on how quickly formal administration can close. Summary administration can close faster, sometimes in sixty to ninety days, but only qualifies for estates meeting specific criteria. A board-certified attorney can assess the estate early and give you a realistic timeline based on what’s actually there.

How Does Florida Homestead Property Work in Probate?

Homestead property does not pass through probate like other assets. If the decedent owned a Florida homestead, the personal representative must file a Petition to Determine Homestead Status — a separate proceeding that confirms the property’s homestead classification, establishes creditor protection, and determines how the property descends under Florida law. Homestead descent rules are rigid: if the decedent was survived by a spouse or minor child, the property cannot pass freely by will. Getting the homestead determination wrong affects title, creditor exposure, and the ability to sell or transfer the property. This is one of the most commonly mishandled issues in Florida probate, and it surfaces in almost every estate that includes real property.

What Does a Personal Representative Do in Florida?

A personal representative — called an executor in other states — is the court-appointed fiduciary responsible for administering a Florida probate estate. Their duties include locating and inventorying estate assets, publishing Notice to Creditors, paying or contesting valid claims, filing required tax returns, and distributing assets to beneficiaries according to the will or Florida’s intestacy statutes. Florida law imposes a duty of loyalty and a duty of impartiality — the personal representative must act in the interests of all beneficiaries, not just themselves if they are also a beneficiary. Mismanagement can expose a personal representative to personal liability. Most personal representatives work closely with an attorney throughout the process.

What Are a Trustee’s Duties Under Florida Law?

A trustee administering a Florida trust operates under the Florida Trust Code, which imposes a detailed set of fiduciary duties: prudent investor obligations, duty to inform and account, duty of loyalty, and duty of impartiality among beneficiaries. Unlike a personal representative, a trustee’s responsibilities begin immediately at the settlor’s death — there is no court to supervise and no default process to follow. The trustee must send required notices to beneficiaries, marshal trust assets, manage investments appropriately, prepare annual accountings, and make distributions according to the trust document. “Doing your best” is not a defense if something goes wrong. Trustees who are uncertain about their obligations should engage counsel before taking action.

What Rights Do Trust Beneficiaries Have in Florida?

Beneficiaries of a Florida trust have legally enforceable rights — not just a passive interest in receiving distributions. Under the Florida Trust Code, beneficiaries are entitled to notice of the trust’s existence, a copy of the trust upon request, annual accountings, and relevant information about trust assets and liabilities. If a trustee fails to account, makes improper distributions, commingles assets, or otherwise breaches their fiduciary duty, beneficiaries have the right to petition the court for relief, compel an accounting, surcharge the trustee, or seek removal. These rights exist regardless of whether the trustee is a professional institution or a family member. Knowing them — and acting on them — is the difference between protecting your inheritance and losing it.

When Does a Probate Estate Also Involve a Trust?

Many estates involve both processes simultaneously. A person may have had a revocable trust that held most assets — but also owned a bank account in their individual name or forgot to retitle property. The individually held assets go through probate; the trust assets go through trust administration. The personal representative and trustee may be the same person or different people. When both processes run in parallel, coordination matters: creditor claims against the probate estate may affect trust distributions, and tax obligations may span both. Handling probate and trust administration under one firm avoids the coordination problems that arise when separate attorneys manage each process without communicating.

What Is Involved in Closing a Florida Probate Estate?

Closing a Florida formal administration requires filing a Petition for Discharge with the probate court after all assets have been collected, debts paid, taxes addressed, and distributions made. The personal representative must provide a final accounting or obtain waivers from all beneficiaries, file receipts confirming beneficiaries received their distributions, and obtain a court order discharging the personal representative from further liability. Until that order enters, the personal representative remains personally exposed. Failing to close the estate properly — or closing it informally without proper documentation — can leave the personal representative liable for claims that surface later. The process has specific procedural requirements that vary by county and circuit.

Our Probate and Trust Administration Services

Probate & Estate Administration
Florida probate — from opening the estate through final discharge. We represent personal representatives and beneficiaries in Broward and Palm Beach counties.
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Trust Administration
Guidance for trustees and beneficiaries navigating Florida trust administration. We help trustees fulfill their duties and beneficiaries enforce their rights.
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If you’ve been named as a personal representative or trustee, or you’re dealing with an estate that needs to be opened, contact Ginsberg Shulman now. Early decisions affect liability, timing, and distributions. If you’re not in a time-sensitive situation, call (954) 839-8705 or use the form below to schedule a consultation with David Shulman and plan the next steps correctly.