Trusted Probate, Family, and Civil Litigation Attorney Serving South Florida

Cost depends on the type of administration and the size of the estate. Florida law sets out a fee structure that is presumed reasonable for formal administration, and there are court filing costs on top of that. A small summary administration costs considerably less than a contested formal administration that runs for a year. We give you a clear estimate at the consultation, before you commit to anything.

A straightforward summary administration often finishes in a few months. Formal administration usually runs longer, because the estate has to stay open long enough for creditors to make claims and for the court to approve the final accounting. Anything contested takes longer still. Court scheduling in Broward affects the timeline as much as the paperwork does.

Usually yes. A will does not avoid probate. It tells the court who should receive the assets and who should serve as personal representative, but the court still has to admit the will and oversee the transfer. The exception is assets that pass outside the estate entirely, which is a separate question.

Assets with a named beneficiary or a built-in survivorship feature generally go directly to the recipient without court involvement. That typically covers life insurance, retirement accounts with a named beneficiary, payable-on-death bank accounts, property held jointly with rights of survivorship, and assets already placed in a living trust. Everything else usually has to go through probate.

The case moves from routine administration into litigation. Common grounds for a challenge include claims that the person lacked capacity when they signed, that someone exerted undue influence over them, or that the will was not executed properly under Florida law. These cases involve discovery, depositions, and often testimony from people who knew the deceased. They can settle, and many do.

Florida limits who qualifies. A resident of Florida can generally serve. Someone living out of state can only serve if they are closely related to the deceased, such as a spouse, child, parent, or sibling. A person with certain felony convictions cannot serve. If the named choice does not qualify, the court appoints someone else.

When an adult can no longer make safe decisions about their health, finances, or living situation, and no power of attorney or health care surrogate is already in place. Guardianship is also used for minors who inherit money or receive a settlement. The court requires an examining committee to evaluate the person before appointing a guardian, and it is meant to be a last resort when less restrictive options will not work.

Florida requires that one spouse has lived in the state for at least six months before filing. Once the paperwork is filed and both spouses agree on everything, there is a short waiting period before a judge can enter the final judgment. In practice the timeline depends more on how quickly both sides sign and how full the court’s calendar is than on the law itself.

No. Changing the locks, removing a tenant’s belongings, or shutting off the utilities to force someone out is illegal in Florida and exposes the landlord to damages. A lawful eviction starts with the correct written notice, then a filed complaint, and ends with a court order. Getting the notice wrong is the most common reason an eviction has to start over.

Sí. Patricia C. Martinez atiende a sus clientes directamente en español, sin intérprete. Nació y creció en Miami, hija de padres inmigrantes de Cuba y Nicaragua. Puede explicarle su caso de sucesión, familia o desalojo en el idioma en que usted se sienta más cómodo. Llámenos al (305) 907-8134.