Do I Need a Probate Attorney in Florida? A Practical Guide

One of the most common questions families ask after someone dies is whether they need to hire a probate attorney. The answer in Florida is more nuanced than a simple yes or no. Sometimes Florida law requires attorney representation. Other times, hiring a lawyer is optional but smart. And occasionally, you can handle things yourself without legal help.

This guide helps you understand when an attorney is legally required, when hiring one makes practical sense even if not required, and when you might be able to proceed on your own. For details on what attorneys charge, see our companion guide on Florida probate attorney fees.

When Florida Law Requires an Attorney

Let's start with the situations where you have no choice. Florida law mandates attorney representation in specific circumstances.

Formal Administration: Attorney Required

Under Florida Statutes Section 733.212, a personal representative in formal administration must be represented by an attorney unless the personal representative is the sole beneficiary of the entire estate.

Read that carefully: if you are the personal representative and anyone else is entitled to inherit anything from the estate, you must have an attorney. This is not a suggestion. It is the law.

Why Florida requires this:

The Florida Supreme Court has determined that serving as a personal representative in formal administration constitutes the practice of law. Personal representatives must:

File legal documents with the court
Interpret and apply the Florida Probate Code
Make decisions affecting beneficiaries' and creditors' rights
Handle potential litigation
Sign court pleadings

These responsibilities create too much risk of harm to third parties (beneficiaries and creditors) to allow non-lawyers to proceed without professional guidance.

The sole beneficiary exception:

If you are both the personal representative AND the only person entitled to receive anything from the estate, you may represent yourself. This situation is relatively rare. Even if you are the only named beneficiary in the will, there may be creditors, a surviving spouse with elective share rights, or intestate heirs whose interests must be considered.

What Happens If You Proceed Without an Attorney?

If formal administration requires attorney representation and you file without one, the court will likely:

Reject your filings
Refuse to appoint you as personal representative
Delay the entire probate process
Potentially find you in contempt of court

Do not try to cut corners here. The requirement is absolute.

When an Attorney Is Not Legally Required

For other types of Florida probate, attorney representation is optional. But "optional" does not mean "unnecessary."

Summary Administration

Summary administration is available for estates valued at $75,000 or less (excluding exempt property and homestead) or when the decedent died more than two years ago. Florida law does not require attorney representation for summary administration.

You can file summary administration yourself if:

The estate is simple (bank accounts, personal property, no real estate)
All beneficiaries agree on everything
No creditor issues exist
You are comfortable with court procedures and legal forms

Consider hiring an attorney even though not required if:

The estate includes real estate
Multiple beneficiaries have different interests
Any potential for family conflict exists
Creditors may file claims
You are unfamiliar with Florida probate procedures
Homestead property is involved

The cost of attorney representation in summary administration is typically $1,500 to $3,500. Fixing mistakes often costs more than hiring an attorney in the first place.

Disposition Without Administration

For very small estates (less than funeral expenses plus two months of final medical expenses, typically around $6,000), Florida allows disposition without administration under Florida Statutes Section 735.301.

This is the simplest form of probate. No personal representative is appointed. The court authorizes direct payment to the funeral home and medical providers.

Most people handle disposition without administration without an attorney. The forms are straightforward, and the process is minimal.

Signs You Should Hire an Attorney (Even When Not Required)

Beyond legal requirements, certain situations strongly suggest you need professional help.

Real Estate Is Involved

Real property creates complexity that benefits from attorney involvement:

Deed preparation: Transferring real estate from an estate requires a proper deed. Mistakes in legal descriptions, execution formalities, or recording procedures can cloud title for years.

Title examination: Before distributing real estate, someone should verify the title is clear. Hidden liens, encumbrances, or ownership disputes can surface unexpectedly.

Homestead issues: Florida homestead property has special constitutional protections and inheritance rules under Florida Statutes Section 732.401. Getting these wrong can deprive a surviving spouse or children of their rights.

Title insurance: Future buyers will need title insurance. Title companies examine the probate proceedings carefully. Improper procedures can make property unmarketable.

What mistakes cost: Fixing a title problem often requires a quiet title action, which can cost $5,000 to $15,000 and take months. Hiring an attorney upfront costs a fraction of that.

Family Disputes Exist or Are Likely

If beneficiaries disagree about anything, get an attorney immediately:

Challenges to the will's validity
Disputes over who should serve as personal representative
Disagreements about asset values
Conflicts over who gets specific items
Accusations of misconduct or favoritism

These disputes escalate quickly without professional management. What starts as a disagreement over a piece of furniture can become a full-blown will contest.

Even if everyone seems agreeable: Grief affects people unpredictably. Family dynamics shift when money is involved. An attorney provides neutral guidance and documents everything properly, which protects everyone.

Significant Debts Exist

Creditor claims require careful handling:

Identifying what is owed: You need to determine which debts are legitimate and which are not.

Priority of payment: Florida law establishes a strict order for paying claims under Florida Statutes Section 733.707. Paying in the wrong order can create personal liability.

Objecting to claims: Invalid claims must be challenged within 30 days, or they become binding.

Insolvent estates: When debts exceed assets, specialized procedures apply.

Negotiating with creditors: Sometimes creditors will accept less than full payment. An attorney can negotiate effectively.

Mishandling creditor claims is one of the fastest ways for a personal representative to end up personally liable. Professional guidance protects you.

Tax Complexity Exists

Consider an attorney or CPA (or both) if:

The estate may owe federal estate tax (exceeds $13.61 million in 2024)
Complex income tax situations exist (business income, rental properties)
The deceased owned a business
Multiple years of tax returns are unfiled
Portability election is important (preserving unused estate tax exemption for surviving spouse)

Tax mistakes can be extremely expensive. The IRS charges penalties and interest, and some errors cannot be corrected.

There Is No Will

When someone dies without a will (intestate), Florida's intestate succession laws under Florida Statutes Section 732.102 determine who inherits. This creates potential complications:

Blended families: If the deceased had children from different relationships, the surviving spouse may not inherit everything.

Estranged relatives: Heirs you have never met may be entitled to a share.

Unknown heirs: The court may require a diligent search for possible heirs before distribution.

Homestead complications: Intestate homestead property has different rules than testate homestead.

An attorney can identify all potential heirs and handle the additional procedural requirements. Understanding Florida intestate succession rules is essential.

The Will Is Unclear or Contested

Will interpretation issues arise when:

Language is ambiguous ("I leave my jewelry to my daughters" - which jewelry? what if there is only one daughter?)
Specific bequests cannot be fulfilled (the named property was sold)
Beneficiaries predecease the testator
The will conflicts with beneficiary designations on accounts

Will contests are more serious. Common grounds include:

Lack of testamentary capacity (the person did not understand what they were signing)
Undue influence (someone pressured the person to sign)
Fraud or forgery
Improper execution (formalities not followed)

Will contests are litigation. You absolutely need an attorney.

Out-of-State Property Exists

If the deceased owned real estate in states other than Florida, you may need ancillary probate - a separate probate proceeding in each state where property is located.

Example: A Florida resident dies owning a vacation home in North Carolina. Florida probate handles their Florida assets. A separate ancillary probate in North Carolina handles the vacation home.

This requires coordination between attorneys in multiple states and understanding each state's laws.

Business Interests Are Involved

If the deceased owned a business, professional help is nearly always necessary:

Business valuation is complex
Ongoing operations may need management
Partners or co-owners have rights
Employment issues may arise
Transfer of ownership requires proper documentation
The business may need to be sold

Mistakes can destroy business value or create liability.

Benefits of Hiring a Probate Attorney

Even when not legally required, professional representation offers real advantages.

Time Savings

Probate involves dozens of forms, procedures, and deadlines. An attorney who handles probate regularly knows exactly what to file, when to file it, and how to move things along efficiently.

What takes a first-timer weeks of research and multiple courthouse trips takes an experienced attorney hours. Your time has value.

Mistake Prevention

Common mistakes that attorneys prevent:

Missing the 10-day deadline to file the will
Improper or late creditor notification
Missing the 30-day deadline to object to claims
Filing the wrong type of probate
Incorrect inventory valuations
Premature distribution to beneficiaries
Personal representative liability for improper actions

Each of these mistakes has consequences. Some are merely inconvenient. Others create liability that exceeds the entire value of the estate. See our full guide on common Florida probate mistakes and critical deadlines.

Stress Reduction

Probate happens during one of the most difficult times in a family's life. Having a professional handle the legal details lets you focus on what matters more - grieving, supporting family, and honoring your loved one's memory.

May Actually Save Money

While attorneys cost money, their expertise often provides a positive return:

Identifying the simplest probate type saves filing fees and time
Proper handling avoids costly corrections later
Efficient administration reduces the time assets are tied up
Avoiding litigation saves far more than attorney fees

The question is not "can I save money by not hiring an attorney?" The better question is "what will mistakes cost me?"

How to Find a Probate Attorney

If you decide to hire an attorney, here is how to find a good one.

Florida Bar Lawyer Referral Service

The Florida Bar operates a statewide lawyer referral service. Call (800) 342-8011 or visit floridabar.org to request referrals to attorneys who handle probate in your area.

Local Bar Associations

Most county bar associations have their own referral services. Search for "[county name] bar association lawyer referral."

Personal Recommendations

Ask people you trust:

Friends or family who have been through probate
Your regular attorney (if you have one)
Your financial advisor or CPA
Trust officers at local banks

Personal recommendations often lead to the best matches.

What to Look For in a Probate Attorney

Florida probate experience: Probate laws vary significantly by state. You want someone who handles Florida probate regularly, not a generalist who occasionally does a probate case.

Local court familiarity: Each county's probate court has its own procedures, forms, and judges. An attorney familiar with your county can anticipate requirements and avoid delays.

Clear communication: You should understand what the attorney is telling you. If they cannot explain things in plain language, that is a warning sign.

Responsive: During probate, you will have questions. The attorney (or their staff) should return calls and emails promptly.

Transparent fees: The attorney should explain their fee structure clearly before you hire them.

Questions to Ask Before Hiring

Interview at least two or three attorneys before deciding. Ask:

What type of probate does this estate need? The answer shows whether they understand your situation.
What are your fees and how are they structured? Flat fee, hourly, statutory percentage, or hybrid?
What is included in the quoted fee? Get specifics about what services are covered.
What would trigger additional charges? Complications like will contests or real estate sales may cost extra.
How long do you expect this to take? A realistic timeline helps set expectations.
Who will work on my case? The attorney you meet may delegate work to associates or paralegals.
How will you communicate with me? Email, phone, portal? How quickly can you expect responses?
What do you need from me? Understanding your responsibilities helps the process move smoothly.

Understanding Attorney Fees

Florida provides guidelines for attorney fees in probate, but actual arrangements vary.

Statutory "Reasonable" Fees

Florida Statutes Section 733.6171 defines presumptively reasonable attorney fees based on estate value:

3% of the first $1 million
2.5% of value between $1 million and $3 million
2% of value between $3 million and $5 million
1.5% of value between $5 million and $10 million
1% of value above $10 million

These percentages are guidelines, not requirements. Attorneys can charge more or less based on complexity, and many prefer flat or hourly arrangements.

Flat Fees

Many attorneys offer flat fees for straightforward cases. Typical ranges:

Disposition without administration: $500 to $1,500
Summary administration: $1,500 to $3,500
Simple formal administration: $3,500 to $7,500
Complex formal administration: $7,500 to $15,000+

Flat fees provide predictability. You know the cost upfront.

Hourly Rates

Some attorneys bill by the hour, typically $250 to $500 per hour depending on experience and location.

Hourly billing makes sense when the scope is uncertain. It can be more or less expensive than flat fees depending on how the case unfolds.

Hybrid Arrangements

Some attorneys combine approaches. For example, a flat fee for standard work plus hourly billing for litigation if a will contest arises.

What Is Included

Always clarify what the fee covers:

Filing fees and court costs (usually separate)
Publication costs for notice to creditors
Title searches and deed preparation
Ancillary probate in other states
Tax return preparation
Will contests or other litigation

Get the fee agreement in writing before work begins.

Alternatives to Full Attorney Representation

If full representation seems too expensive, consider these alternatives.

Limited Scope Representation

Some attorneys offer "unbundled" services where they help with specific tasks:

Review documents you prepare yourself
Answer specific legal questions
Appear at a particular court hearing
Draft specific documents

This costs less than full representation while still providing professional guidance for complex issues.

Legal Document Preparation Services

Non-attorney document preparation services can help you complete probate forms. They are less expensive than attorneys but cannot provide legal advice.

Cautions:

They cannot tell you which forms to use
They cannot explain legal consequences
They cannot represent you in court
Errors may not be caught until they cause problems

Use these services only for simple situations where you understand what you need.

Self-Help Resources

Some Florida counties provide probate self-help resources:

Form packets
Instructions
Clerk assistance (though clerks cannot give legal advice)
Self-service centers

These resources work best for simple summary administration with cooperative beneficiaries and no real estate.

When You Might Handle Probate Yourself

Handling probate without an attorney may be reasonable if ALL of the following are true:

Only disposition without administration or summary administration is needed
No real estate is involved
All beneficiaries completely agree on everything
No creditor issues exist
No family conflict is present or foreseeable
You are comfortable with court procedures and legal documents
You have time to research requirements and complete paperwork correctly

If any of these conditions is not met, strongly consider hiring an attorney.

For more on handling probate yourself, see our guide on probate without a lawyer in Florida.

The Bottom Line

Here is the simplified decision framework:

Attorney legally required:

Formal administration (unless you are the sole beneficiary)

Attorney strongly recommended:

Real estate is involved
Any family disputes exist
Significant debts or creditor issues
No will (intestate estate)
Will is contested or unclear
Tax complexity
Business interests
Out-of-state property

May be able to proceed without attorney:

Disposition without administration
Simple summary administration
All beneficiaries agree
No real estate
No significant debts
You are comfortable with legal procedures

When in doubt, at least consult with an attorney for an initial assessment. Most offer free or low-cost consultations. A 30-minute conversation can save you from costly mistakes.

Frequently Asked Questions

Can a family member who is an attorney represent the estate?

Yes. If a family member is a licensed Florida attorney in good standing, they can represent the estate. There is no requirement for the attorney to be independent of the family.

How much should I expect to pay for a probate attorney?

For straightforward estates: $1,500 to $3,500 for summary administration, $3,500 to $7,500 for simple formal administration. Complex cases cost more. Location matters - fees in Miami tend to be higher than in rural counties.

What if I cannot afford an attorney?

Options include:

Legal aid organizations (if you qualify based on income)
Law school clinics
Limited scope representation
Payment plans (some attorneys offer these)
DIY for summary administration or disposition without administration

Can I switch attorneys if I am unhappy?

Yes, you can fire your probate attorney at any time. You may owe fees for work already performed. Get your file transferred to the new attorney promptly to avoid delays.

Do all personal representatives need an attorney?

No. Personal representatives in summary administration or disposition without administration are not required to have attorneys. Only formal administration requires representation (with the sole beneficiary exception).

Next Steps

Not sure whether you need an attorney? Start by assessing your situation:

Determine the type of probate - Is formal administration required? See our guide on formal vs. summary administration.
Identify complicating factors - Real estate? Debts? Family conflict?
Consult with an attorney - Even if you ultimately handle things yourself, an initial consultation can confirm you are on the right track.

Find county-specific probate information, including local court contacts, at our Florida probate directory.

For more on attorney costs, see our guide on probate attorney fees in Florida.

Sources:

Florida Statutes Section 733.212 (Notice of Administration; Filing of Objections)
Florida Statutes Section 733.6171 (Compensation of Attorney for the Personal Representative)
Florida Statutes Section 735.201 (Summary Administration)
Florida Statutes Section 735.301 (Disposition Without Administration)
Florida Bar Rules of Professional Conduct
The Florida Bar (floridabar.org)

This guide provides general information about when you need a probate attorney in Florida. It is not legal advice. When in doubt, consult with a licensed Florida attorney about your specific situation.

Last updated: January 2026