Probate Attorney in Miramar, Florida
Losing someone is hard enough without a court process on top of it.
We handle Florida probate from the first filing through the final
distribution, so your family can focus on everything else.
Hablamos español.
What probate actually is
Probate is the court process that transfers what someone owned into the hands of the people entitled to receive it. A judge confirms whether there is a valid will, appoints someone to manage the estate, makes sure legitimate debts get paid, and then authorizes the remaining assets to be distributed.
It is not optional when it applies, and it is not something a bank or title company can work around. If assets are titled in the name of someone who has died, and no beneficiary or survivorship arrangement covers them, probate is generally how they move.
Which type of probate applies to your situation
Florida does not treat every estate the same way. Which path applies depends mostly on the size of the estate and how long ago the person died.
Figuring out which one applies is usually a short conversation, not a research project. Bring us the death certificate, the will if there is one, and a rough list of what the person owned.
Formal Administration
The full court-supervised process. A personal representative is appointed and given authority to act for the estate. Used for larger estates and anything with complications. Florida rules generally require the personal representative to be represented by an attorney
Summary Administration
A shorter route available for smaller estates, or when the person died more than two years ago. No personal representative is appointed. Faster and less expensive, but only some estates qualify.
Ancillary Administration
For someone who lived in another state but owned property in Florida. A separate Florida proceeding runs alongside the probate in their home state to transfer the Florida real estate.
Disposition Without Administration
A limited option for very small estates where the assets essentially cover final expenses. It is narrow, but when it fits, it avoids opening a probate case entirely.
What we handle
- Opening the estate — petition, appointment of the personal representative, letters of administration
- Notice to creditors — publication, direct notice to known creditors, and reviewing claims that come in
- Inventory and asset collection — identifying, valuing, and securing estate property
- Homestead determination — Florida gives homestead property special protection, and getting this right matters
- Creditor claim disputes — objecting to claims that are late, excessive, or not owed
- Distribution and closing — final accounting, petition for discharge, transferring title
- Estates with no will — determining heirs under Florida’s intestacy rules when no valid will exists
When probate turns into a dispute
Sometimes the estate is not the problem — the people are. We represent both personal representatives defending an estate and beneficiaries who believe something has gone wrong.
- Will contests — challenges based on lack of capacity, undue influence, or improper execution
- Removal of a personal representative — when the person in charge is not doing the job, or is self-dealing
- Accounting disputes — when the numbers do not add up and beneficiaries want answers
- Beneficiary disputes — disagreements over who is entitled to what, and in what share
Contested probate is litigation. It involves discovery, depositions, and often testimony from people who knew the deceased. Many of these cases settle, and settlement is frequently the better outcome for a family that still has to sit at the same table at holidays.
Why families in Broward work with PCM LAW
You work directly with the attorney
Patricia C. Martinez handles her own cases. You are not handed to a paralegal after the first meeting.
Bilingual, without an interpreter
Probate is a core practice, not a sideline
She has worked in probate administration and probate litigation since 2013, and founded PCM LAW in 2023.
Familiar with the local courts
The office is in Miramar. Patricia also serves as a Guardian ad Litem in Broward County, advocating for children in foster care.
Common questions about Florida probate
What happens if someone dies without a will in Florida?
The estate still goes through probate, but Florida’s intestacy statutes decide who inherits instead of a will. The order generally starts with the surviving spouse and descendants, then moves outward to parents, siblings, and more distant relatives. It does not matter what the person said they wanted, or what the family agrees on informally. The statute controls, and that surprises people more often than anything else in probate.
Do I need a lawyer to handle probate in Florida?
For formal administration, generally yes. Florida probate rules require the personal representative to be represented by an attorney, with a narrow exception when the personal representative is the sole interested person or is an attorney themselves. Summary administration has somewhat more flexibility, but the filings still have to be correct. Most of the expensive problems we fix started as a self-filed petition that was rejected or done incorrectly.
What is ancillary administration?
It applies when someone who lived in another state owned real property in Florida. Their home state probate does not, by itself, transfer Florida real estate. A separate Florida proceeding runs alongside it. This comes up constantly in South Florida with vacation homes, rental condos, and property someone kept after moving away.
What is the personal representative actually responsible for?
Identifying and securing the assets, notifying creditors, paying valid debts and taxes, keeping accurate records, and distributing what remains to the right people. It is a fiduciary role, which means the duty runs to the estate and its beneficiaries rather than to the personal representative’s own interests. Getting it wrong can create personal liability, which is a large part of why the attorney requirement exists.
How do I start probate in Broward County?
Gather the certified death certificate, the original will if there is one, and a list of what the person owned along with any known debts. The case is filed in the circuit court for the county where the person lived. From there the court appoints the personal representative and issues the authority needed to act. Bring what you have to the consultation, even if it is incomplete — we can work out what is missing.
¿Puedo hacer el proceso de sucesión en español?
Sí. Patricia C. Martinez atiende su caso de sucesión directamente en español, sin intérprete. Le explicará qué tipo de administración aplica a su caso, qué documentos necesita, y cuánto tiempo puede tomar. Los documentos que presenta la corte están en inglés, pero usted siempre entenderá lo que está firmando.
Talk to us before the deadlines start running
Probate has time limits, and some of them are shorter than families expect. A short conversation now can save months later.
This page provides general information about Florida probate and is not legal advice. Every estate is different. Contacting PCM LAW, P.A.
does not create an attorney-client relationship.
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Hablamos Espanol
We are a fully bilingual law firm ready to help