South Florida Probate and Estate Administration Lawyer
Probate is the court-supervised process for settling a decedent’s estate: validating the will if there is one, identifying and valuing assets, notifying creditors and paying valid claims, filing tax returns, and distributing what remains to the beneficiaries. Most Florida estates go through some form of probate or administration, even with a well-drafted estate plan.
Our South Florida probate and estate administration lawyer represents personal representatives, surviving spouses, heirs, and beneficiaries in probate matters throughout Broward, Miami-Dade, and Palm Beach Counties. Whether you’re handling a parent’s estate, an out-of-state relative’s Florida condominium, or a contested administration, reach out to Loshak Law PLLC to discuss what your probate will involve.
Why Choose Loshak Law PLLC for Probate and Estate Administration in South Florida?
Probate is procedural. Deadlines, notices, inventories, and court filings all need to happen in the right order and on the right timeline. Missing a step can delay the estate for months. Our estate planning attorneys in South Florida work with personal representatives and beneficiaries to move estates through administration as efficiently as Florida procedure allows.
Local Legal Knowledge in South Florida
Our founder, Brandon F. Loshak, built the firm’s transactional practice to cover probate and estate administration alongside business law, real estate, and estate planning work. He is admitted to the Florida and Texas bars, earned his J.D. at St. Thomas University School of Law, and holds a finance degree from the University of Colorado at Boulder. Brandon carries the AV Preeminent rating from Martindale-Hubbell, the highest recognition for legal ability and ethical standards. His finance background supports the valuation, accounting, and fiduciary reporting work that probate often requires.
Evan C. Leach adds more than 13 years of practice in real estate, business law, asset protection, and complex litigation. A cum laude graduate of the University of Miami School of Law, Evan holds bar admissions in Florida and Massachusetts. His litigation experience is particularly relevant when probate matters become contested, whether over creditor claims, will validity, or personal representative conduct.
Integration with Related Practice Areas
Probate matters often cross into adjacent practice areas. Real estate held by the decedent needs to transfer out of the estate, which coordinates with our residential real estate and real estate property closing services. Operating businesses held by the decedent need to be continued, sold, or wound down, which draws on our business formation counsel. Tax planning during administration connects to our estate and gift tax planning practice, and disputes over trust assets connect to our trust litigation work.
Transparent Fee Structure
Florida law permits reasonable attorney’s fees for probate administration based on the value of the estate and the services rendered. We discuss the fee structure at the outset of every engagement, and for simple summary administrations and disposition without administration matters we often work on a flat fee. Clients have worked with our office on matters involving millions of dollars in assets.
What Clients Say
★★★★★
“Brandon was phenomenal and quick to answer any and all of my questions. Would most certainly recommend for anyone in need of his services!” – Angelo Carretta
Read more reviews on our Google Business Profile.
Types of Probate and Estate Administration Cases We Handle in South Florida
Florida provides several administration tracks depending on the size of the estate, how long ago the decedent died, and whether assets are in Florida or elsewhere. The right track depends on the specific facts.
- Formal administration. The default probate track for most Florida estates. Opened by petition, a personal representative is appointed, letters of administration are issued, creditors are given notice, and the estate is administered under court supervision through distribution and discharge.
- Summary administration. A streamlined track available when probate assets do not exceed $75,000 (excluding exempt property) or when the decedent has been dead for more than two years. Useful for smaller estates and for estates where the creditor claims period has already closed.
- Disposition of personal property without administration. A limited filing available for very small estates where the decedent left only exempt personal property and non-exempt personal property that does not exceed the amount of preferred funeral expenses and certain medical expenses of the last illness.
- Ancillary administration. For out-of-state decedents who owned Florida real property or other Florida-situs assets. Typically opened after the domiciliary administration in the decedent’s home state, with the ancillary personal representative handling the Florida assets specifically.
- Personal representative representation. Representing the named personal representative through appointment, administration, and closing, including preparation of the inventory, accountings, and petition for discharge.
- Beneficiary and heir representation. Representing beneficiaries, surviving spouses, or heirs who need to track the administration, review accountings, and protect their interests in the estate.
- Creditor claims. Reviewing and objecting to creditor claims filed against the estate, negotiating settlements, or pursuing litigation over contested claims.
- Homestead determinations. Proceedings to determine homestead status of the decedent’s residence, including descent of homestead to surviving spouses and lineal descendants under Florida constitutional and statutory rules.
- Will contests and undue influence claims. Representing contestants or proponents in proceedings to admit or deny probate of a will, including claims of lack of capacity, undue influence, or improper execution.
- Fiduciary income tax filings. Coordination with accountants on Form 1041 fiduciary income tax returns for estates that generate income during administration, and on IRS Form 706 for estates exceeding the federal estate tax filing threshold.
Florida Legal Requirements for Probate and Estate Administration
Probate administration in Florida is governed by the Florida Probate Code, a set of procedural rules, and Florida constitutional provisions that apply specifically at death.
The main body of the law is Chapter 733 of the Florida Statutes, the Probate Code’s administration chapter. Chapter 733 covers commencement of administration, qualification and appointment of the personal representative, fiduciary bonds, duties and powers, creditor claims, distribution, and closing the estate. Chapter 733 is organized in nine parts that track the arc of an administration from opening through discharge.
Wills, intestate succession, and the elective share of a surviving spouse are governed by Chapter 732 of the Florida Statutes, which provides the substantive rules that Chapter 733 administration applies.
Florida homestead protection carries over into probate. Under § 732.401 of the Florida Statutes, homestead property generally passes outside probate to a surviving spouse and lineal descendants, and homestead is exempt from creditor claims against the decedent’s estate. Because homestead status affects who receives the property and whether creditors can reach it, an early homestead determination matters in many administrations.
Creditor notice rules appear in Part VII of Chapter 733. A notice to creditors must be published and served, which opens a claims window. Known or reasonably ascertainable creditors receive actual notice with a 30-day window to file claims. Other creditors have until the later of three months after publication or 30 days after service of actual notice. Section 733.710 provides a two-year statute of repose that bars most claims against the estate regardless of whether notice was given.
Federal tax filings apply at two levels. Estates that generate income during administration file IRS Form 1041, the fiduciary income tax return. Estates also need an Employer Identification Number to file fiduciary returns and operate estate bank accounts.
Probate venue in Florida is the circuit court of the county where the decedent was domiciled at death, or in the case of ancillary administration, the county where the Florida property is located.
Important Aspects of a South Florida Probate and Estate Administration Case
Every administration is different, but the following components come up in most probate matters. Our South Florida probate and estate administration attorney works through these elements on behalf of the personal representative.
Opening the Estate and Personal Representative Appointment
Administration begins with a petition filed in the probate division of the circuit court, the original will (if any) deposited with the court, and a petition for letters of administration. Qualification of the personal representative involves verification of statutory eligibility under Chapter 733 Part III, posting of any required bond, and issuance of letters that the personal representative uses to act on behalf of the estate.
Notice to Creditors and Claims Period
Once letters are issued, the personal representative publishes a notice to creditors and serves actual notice on any known or reasonably ascertainable creditors. The statutory claims window runs from publication or service. Reviewing, negotiating, or objecting to claims within that window, and preserving defenses available to the estate, is central work during this phase.
Inventory, Valuation, and Asset Management
Florida requires the personal representative to file an inventory identifying the probate assets and their fair market value at the date of death. Closely held business interests, real estate, and investment accounts may need qualified valuations. During administration the personal representative also manages the assets, maintains insurance, pays ongoing expenses, and collects income that accrues to the estate.
Homestead and Elective Share Determinations
The decedent’s homestead is often the most valuable asset and frequently the most complicated. A petition to determine homestead status confirms whether the property passes outside probate under constitutional and statutory rules. Separately, a surviving spouse may have elective share rights under Chapter 732 that affect the distribution of the estate. Both determinations are often addressed early in the administration.
Fiduciary Tax Filings
The personal representative is responsible for the decedent’s final Form 1040, the estate’s Form 1041 for any post-death income, and, for estates above the federal filing threshold, Form 706. Obtaining the estate’s EIN, opening fiduciary accounts, and coordinating with the estate’s accountant are standard steps.
Distribution and Closing the Estate
Once the claims period has closed, taxes have been filed, and remaining issues have been resolved, the personal representative prepares a final accounting, a plan of distribution, and petitions the court for discharge. Beneficiaries typically receive their distributions after executing receipts, and the personal representative is discharged from further responsibility upon court approval.
Contact Loshak Law PLLC
If you’ve been appointed personal representative, are considering whether an estate needs to be opened, or are a beneficiary trying to understand what’s happening in an administration, early legal involvement helps move the estate forward on schedule. Our South Florida probate and estate administration attorneys serve clients throughout Broward, Miami-Dade, and Palm Beach Counties from offices in Fort Lauderdale and Hollywood.
Contact us to schedule a consultation. During that first conversation, we will review the decedent’s situation, identify the appropriate administration track, outline the timeline, and discuss fees openly. Put the experience of the attorneys at Loshak Law PLLC to work on your probate or estate administration matter.
