Estate & Probate Attorneys in Miami / Fort Lauderdale, FL

Why Estate & Probate Attorneys Matter in Miami/Fort Lauderdale, FL

When families in Miami-Fort Lauderdale search “probate attorney near me” or “probate lawyer,” the estate and probate attorneys below are who they’re actually looking for. South Florida's probate system runs through the Circuit Court's Probate Division in whichever county the decedent lived in, Miami-Dade or Broward, and one of the first things an attorney here has to determine is which of Florida's two main probate tracks actually fits the estate. Florida offers a full 'formal administration' process for larger or more complicated estates, and a considerably faster 'summary administration' option for smaller estates that meet the state's asset threshold, which was recently raised and continues to be adjusted, or that have been open for a certain number of years since the death. Picking the wrong track, or not realizing a smaller estate might qualify for the faster option, can cost a family months and unnecessary legal fees.

Florida is also the state so many people retire to specifically because it has no state estate tax and no state income tax, and that isn't just a footnote, it directly shapes how estate planning gets done here. A retiree who relocated from a high-tax state often has a plan built around rules that no longer apply, and part of a South Florida estate attorney's job is updating that plan to reflect Florida law rather than leaving outdated provisions in place. It's also common in this market for one spouse to have property, retirement accounts, or even a prior estate plan still tied to another state, which adds a layer most in-state moves don't have.

Then there's Florida's homestead law, which is unlike almost anything in other states. A primary residence that qualifies as homestead property is subject to real restrictions on how it can be left in a will if the owner is survived by a spouse or minor child. In some situations, the law overrides what the will actually says, directing the home to a spouse or descendants regardless of the owner's stated wishes. For the many South Florida families juggling second marriages, out-of-state children, or blended households in retirement, this quirk alone can upend an estate plan that was drafted without it in mind.

What Estate & Probate Attorneys in Miami/Fort Lauderdale, FL Typically Handle

Probate work centers on the Miami-Dade or Broward Circuit Court's Probate Division: determining whether an estate qualifies for summary administration or needs formal administration, filing the petition, appointing and guiding a personal representative (Florida's term for an executor), and handling creditor claims, asset distribution, and any disputes that arise along the way. On the planning side, attorneys draft wills, revocable and irrevocable trusts, powers of attorney, and health care directives, built around Florida's tax-free environment and homestead rules rather than a generic template.

A large share of South Florida practices also handle elder law and Medicaid planning, guardianship for incapacitated adults, and probate or trust litigation when heirs disagree over a will's validity or a personal representative's conduct. Because so much of the local population relocated from elsewhere, many firms regularly handle ancillary probate, dealing with Florida property owned by someone who primarily lived in another state, and confirming whether a residence qualifies as homestead and structuring a plan, sometimes using tools like a Lady Bird deed, that respects those restrictions.

When Families in Miami/Fort Lauderdale, FL Need Estate & Probate Attorneys

• A parent or relative in Miami-Dade or Broward has passed away and the family isn't sure whether the estate qualifies for Florida's faster summary administration process
• Someone relocated to Florida in retirement and their estate plan still reflects the rules of a state they no longer live in
• A homeowner wants to understand how Florida's homestead law affects who can inherit their primary residence
• A blended family or second marriage adds complexity to how a home or other assets should be divided among a spouse and children from a prior relationship
• An estate includes property in another state in addition to a Florida home, raising the possibility of ancillary probate
• Heirs disagree about a will's validity, a personal representative's handling of the estate, or how assets are being distributed

How We Vet Estate & Probate Attorneys in Miami/Fort Lauderdale, FL

When an estate or probate attorney is added to our Miami/Fort Lauderdale, FL directory, we confirm their firm has a real, current website and check for public standing with the relevant state bar association, along with independent signals like reviews or a documented practice history. This happens once, at the time the listing is created.

A “Verified” badge means an attorney either passed that initial check or later requested a manual review from our team. Attorneys on Premium or Premium Plus go through a verification review before the upgrade goes live, and we decline paid listings we can't verify. There's no charge to be listed here; Premium only affects placement, not eligibility to appear.

Frequently Asked Questions