Florida · 17th Judicial Circuit
Broward County Circuit Court probate division Guide
Circuit Court probate division information · Updated January 2026
Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.
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Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Immediate Actions
The first days
First: Get Death Certificates
Required for everythingFlorida Department of Health in Broward County - Vital Statistics
Office info
- Probate Court Filing2 copies
- Social Security Administration1 copy
- Life Insurance Claims2 copies
- Bank/Financial Accounts2 copies
- Pension/Retirement Accounts1 copy
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
Required by Law
First 10 days
Deposit the Will
Any person having custody of a will must deposit it with the Clerk of Court within 10 days after learning of the testator's death. (F.S. 732.901)
Creditor claim window
Creditors generally have 3 months from first publication of Notice to Creditors to bring claims against the estate. (F.S. 733.702)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Florida small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for testate probate. If no will exists, it's intestate administration.
Complex assets? Business interests, real estate in multiple states, or contested claims may require formal administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Simplest form of probate for very small estates where assets only cover final expenses.
- Estate consists of exempt personal property and non-exempt personal property only
- Non-exempt assets do not exceed funeral expenses plus medical expenses from last 60 days of life
- No real property in the estate
- Decedent must have resided in Broward County
- Qualifies:
- Exempt property + preferred funeral expenses + reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (F.S. 735.301; no fixed dollar cap)
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Petition for Disposition Without Administration
- Death Certificate (certified)
- Itemized Funeral Bill
- Proof of Payment of Funeral Expenses
- Medical Bills from Last 60 Days
- Asset Documentation
- Consents from All Interested Parties
Simplified probate for smaller estates or estates where sufficient time has passed since death.
- Estate value under $150,000 in non-exempt assets (excluding homestead)
- OR at least 2 years have passed since death
- Decedent must have resided in Broward County
- No personal representative appointed
- Assets distributed directly to beneficiaries by court order
- Pro se (self-represented) filers may file in person at Probate division
- Qualifies:
- $150,000 in non-exempt assets (excluding homestead) OR 2+ years since death
- Attorney:
- not required by law, though many families use one
Attorney strongly recommended but not required for summary administration.
Documents you'll need:
- Petition for Summary Administration
- Death Certificate (certified)
- Original Will (if testate)
- Order of Summary Administration
Full probate administration with court supervision. Most common form of probate for larger estates.
- Decedent must have resided or owned property in Broward County
- Personal representative appointed by court to administer assets
- Attorney representation required in Florida
- E-filing mandatory for attorneys
- Inventory and accounting required
- Creditor notice period required
- Qualifies:
- Estates exceeding $75,000 in non-exempt assets, or less than 2 years since death
- Typical duration:
- 6-12 months minimum
- Attorney:
- required
Documents you'll need:
- Petition for Administration
- Death Certificate (certified)
- Original Will (if testate)
- Oath of Personal Representative
- Designation of Resident Agent (if non-FL resident)
- Bond (if required by will or court)
- Letters of Administration/Testamentary
- Notice to Creditors
- Inventory
- Accounting
For non-Florida residents who owned property in Broward County at death.
- Decedent was not a Florida resident
- Decedent owned real or personal property in Broward County
- Domiciliary (home state) probate may also be required
Trustee of a revocable trust must file notice with the court upon death of the settlor (trust creator).
Written notice filed to prevent probate of a will or administration of an estate without notice to the caveator. Used to protect potential heirs or creditors.
Procedure to establish liability of decedent. Must be filed in duplicate with original signature.
File for Probate
Where to file, forms & fees
County filing packet
Broward County probate filing packet
Use this packet to confirm the local Florida Circuit Court probate division, compare common probate paths, gather core documents, and identify possible next steps before filing. This is an informational filing guide, not legal advice or a court-approved packet.
Where this packet starts
- Circuit Court probate division
- Probate Division - 17th Judicial Circuit
- Clerk
- Brenda D. Forman
- Address
- 201 S.E. 6th Street, 3rd Floor, Room 03150, Fort Lauderdale, FL 33301
- Phone
- (954) 831-7154
- Hours
- Monday - Friday 8:00 AM - 3:30 PM
Documents to gather
General filing documents
- Certified Death Certificate
- Original Will if applicable
- Petition for Administration (Form 500.100)
- Oath of Personal Representative (Form 500.300)
- Designation of Resident Agent (Form 500.400) if applicable
- Inventory (Form 500.500)
Formal administration
- Petition for Administration
- Death Certificate (certified)
- Original Will (if testate)
- Oath of Personal Representative
- Designation of Resident Agent (if non-FL resident)
- Bond (if required by will or court)
Summary administration
- Petition for Summary Administration
- Death Certificate (certified)
- Original Will (if testate)
- Order of Summary Administration
Disposition without administration
- Petition for Disposition Without Administration
- Death Certificate (certified)
- Itemized Funeral Bill
- Proof of Payment of Funeral Expenses
- Medical Bills from Last 60 Days
- Asset Documentation
Filing fees and deadlines
Filing fees
- Formal administration: $401
- Summary administration: $236-$346
- Disposition without administration: $232
- Certified copy per page: $1
- Certification per document: $2
Deadlines
- Deposit the original will within 10 days if one exists.
- Creditor claims period: 3 months.
- Notice to creditors publication: Once a week for 2 consecutive weeks.
Official links and help
Not sure probate is required for this estate? Start with the free assessment.
Check if probate is neededPacket details are based on official filing-office, clerk, and state sources.
This informational filing guide is not legal advice or a court-approved packet. Confirm final instructions, forms, fees, and filing options with the listed official sources before filing.
Other Topics That May Apply
Property & Real Estate
Homestead exemption, property transfer after death
Homestead Exemption
Homestead exemption provides up to $50,000 in property tax savings.
Application deadline: March 1 of the tax year
Apply OnlineLadybird Deed (Avoids Probate)
A life estate deed that reserves the right to sell, mortgage, or revoke during the grantor's lifetime. Property passes automatically to remainderman at death, avoiding probate.
Broward County Clerk of Courts - Records, Taxes and Treasury
WebsiteGuardianship
For minor children or incapacitated adults
Guardianship is a court-supervised process where a guardian is appointed to make decisions for someone who cannot make their own decisions (an 'incapacitated person' or 'ward'). In Florida, guardianship is governed by Chapter 744 of the Florida Statutes.
See the full Florida guardianship and conservatorship guide for the court process, alternatives, and costs.
Types of Guardianship
- Guardian of Person: Makes personal and healthcare decisions for the ward, including living arrangements, medical treatment, and daily care.
- Guardian of Property: Manages the ward's financial affairs and assets.
- Guardian of Minor: Guardian appointed for a child under 18 when parents are deceased, incapacitated, or have had parental rights terminated.
⚠ Attorney required for guardianship proceedings
Guardian Training Required
8-hour course required by F.S. 744.3145
Contact the 17th Judicial Circuit Clerk for current list of approved guardian training providers
Key Deadlines
Plan Ahead: Preneed Guardian
Allows a person to designate their preferred guardian before incapacity occurs.
Small Estate Options
Simplified procedures that can avoid full probate
Small estate procedure
Applies when the qualifying estate is under $75,000 (F.S. 735.201 (Summary Administration)).
Petition for Summary Administration. Available when estate value is under $150,000 (excluding homestead) OR 2+ years have passed since death.
Bank account release
Applies when the qualifying estate is under $1,000 (F.S. 735.303).
Earliest filing: 180 days after death.
For bank accounts in sole name without beneficiary designation, file affidavit with financial institution after 6-month waiting period.
Medicaid Estate Recovery
State may recover Medicaid costs from estate
Important Notice
If the deceased received Medicaid, the state may file a claim against the estate to recover benefits paid.
Medicaid benefits paid for nursing facility services, home and community-based services, and related hospital and prescription drug services for individuals age 55 or older
See the full Florida Medicaid estate recovery guide for what is recovered, who is exempt, and how to request a hardship waiver.
Protected Assets
- Homestead while surviving spouse, minor child, or disabled adult child resides there
- Property properly held in trust before Medicaid application
Hardship waiver available in cases of undue hardship.Learn more
Contact: (850) 412-4000 (Agency for Health Care Administration (AHCA))
Vehicle Title Transfer
Retitle or transfer the deceased's vehicle. Office, forms, fees.
Abbey Ajayi
Tax Collector
- Phone:
- (954) 797-8733
- Address:
- 1800 NW 66th Avenue, Plantation, FL 33313
- Hours:
- Monday - Friday 8:30 AM - 5:00 PM
Broward County Tax Collector Abbey Ajayi serves as an agent for the Florida DHSMV. Motor vehicle services are handled at the Plantation location. Visit browardtax.org for all current branch locations and appointments.
When a Florida vehicle owner dies, the title must be transferred to the new owner. The process depends on whether the vehicle was titled jointly, has a surviving spouse, or must go through probate.
Transfer scenarios
Joint Ownership with Right of Survivorship ("OR" on title)
Documents needed:
- Original certificate of title signed by surviving owner
- Completed HSMV 82040 application
- Valid ID of surviving owner
- Payment of title fee
If the title reads "Owner A OR Owner B", the surviving owner can transfer the title by signing and submitting the required forms. No probate is required.
Joint Ownership ("AND" on title)
Documents needed:
- Original certificate of title
- Certified copy of death certificate
- Letters of Administration or Letters Testamentary
- Completed HSMV 82040 application
- Valid ID
- Payment of fees
If the title reads "Owner A AND Owner B", the estate must go through probate before the title can be transferred.
Sole Ownership (Probate Required)
Documents needed:
- Original certificate of title (if available)
- Certified copy of death certificate
- Letters of Administration or Letters Testamentary from probate court
- Order of Distribution from probate court (if applicable)
- Completed HSMV 82040 application
- Valid ID of personal representative or heir
- Payment of fees
Vehicles titled solely in the deceased's name typically require probate. The Personal Representative must obtain Letters of Administration or Letters Testamentary from the probate court.
Surviving Spouse (No Other Heirs)
Documents needed:
- Original certificate of title
- Certified copy of death certificate
- Certified copy of marriage certificate
- Affidavit stating no other heirs and describing vehicle
- Completed HSMV 82040 application
- Valid ID
- Payment of fees
If the deceased has a surviving spouse and no other heirs, the spouse may be able to transfer the title without probate by providing an affidavit.
Form HSMV 82152 is the surviving-spouse path; the general title application is HSMV 82040. Check with the Tax Collector for specific requirements as they may vary.
Forms
Fees
Fees current as of 2025. Additional county fees may apply.
Small-estate vehicle transfer
Florida allows disposition of personal property without administration when the only assets are exempt property plus nonexempt personal property whose value does not exceed the sum of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the decedent's last illness (F.S. 735.301). There is no fixed dollar threshold.
If the estate qualifies for Disposition Without Administration, the vehicle may be transferred without full probate. Consult with the Tax Collector and an attorney to determine eligibility.
Lost or duplicate title
If the original title is lost, destroyed, or stolen
Submit completed form with ID, VIN verification (if required), and fee to the Tax Collector office.
Fee: $75.25
If there is a lienholder on record, the duplicate title will be mailed to the lienholder.
Helpful resources
- FLHSMV - Transfer Title from Deceased Owner
Official DHSMV guide for transferring title from a deceased owner
- FLHSMV - All Title & Registration Forms
Complete list of motor vehicle forms
- FLHSMV Fee Schedule
Current fee schedule for motor vehicle services
- FLHSMV - Transfer Title from Deceased Owner
Official DHSMV guide for transferring title from a deceased owner
- Broward County Tax Collector
Local Tax Collector - motor vehicle services at Plantation location
Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.
Vehicle title transfers in Broward County are handled by Tax Collector Abbey Ajayi, which serves as an agent for the Florida DHSMV. Motor vehicle services are primarily handled at the Plantation location (1800 NW 66th Avenue).
Sources for this page (6)
The facts above come from these official sources. Verify current details with the office before filing.
- browardclerk.orghttps://www.browardclerk.org/Divisions/ProbateAndGuardianship
- browardclerk.orghttps://www.browardclerk.org/GeneralInformation/FeesAndCosts
- 17th.flcourts.orghttps://www.17th.flcourts.org/
- 17th.flcourts.orghttps://www.17th.flcourts.org/probate-and-guardianship-smart-forms-home-page
- Florida Statutes Title XLII (Estates and Trusts)
- Florida Statutes 28.2401 - Service charges and filing fees in probate matters
You've seen what probate involves. Here's how to spare your own family.
A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.
See how to avoid probate in FloridaFrequently Asked Questions
How much does probate cost in Broward County?
How long does probate take in Broward County?
Do I need an attorney for probate in Broward County?
More Florida Resources
Explore the rest of the Florida probate hub.
Start here
Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages
Verified against Probate Division - 17th Judicial Circuit on January 5, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Florida can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.