To choose a Florida probate attorney, look for a lawyer licensed by The Florida Bar who handles probate in your county’s circuit court every week, charges in a way you understand before you sign, and has real experience with the specific kind of estate you have. For most Boca Raton families that means someone fluent in summary administration and disposition without administration under Florida law, not just formal estate litigation. The right fit is part competence, part communication, and part honesty about whether you even need full probate at all.
I have spent years walking Palm Beach County families through the loss of a parent or spouse, and the single most common thing I hear in a first call is: “I have no idea what I’m supposed to be doing.” If that is you, take a breath. This guide explains exactly how to vet a probate lawyer in Florida, what the process actually requires, and the questions that separate a good fit from an expensive mismatch.
What a Florida probate attorney actually does
Probate is the court-supervised process of transferring a deceased person’s assets to the people entitled to them and settling any debts along the way. In Florida, probate runs through the circuit court in the county where the decedent lived. For Boca Raton, that is the Fifteenth Judicial Circuit in Palm Beach County, with the probate division based in West Palm Beach.
A probate attorney’s job is to file the petition, get the personal representative appointed, give notice to creditors, inventory the assets, handle claims, and finally distribute what remains. Florida is one of the states where the personal representative in a formal administration is generally required by court rule to be represented by an attorney (Florida Probate Rule 5.030), so this is rarely a do-it-yourself situation.
But here is what many families miss: not every estate needs the full, formal version. Florida law offers lighter paths, and choosing a lawyer who actually uses them can save you months and thousands of dollars.
The three doors in Florida probate
- Formal administration — the full process, used for larger or contested estates, or when a personal representative needs broad authority. Governed by Chapter 733, Florida Statutes.
- Summary administration — available when the estate’s non-exempt assets are valued at $75,000 or less, or when the decedent has been dead for more than two years. This is authorized under Florida Statutes §735.201 and is faster and cheaper because there is no appointed personal representative managing the estate over time.
- Disposition of personal property without administration — a narrow, no-formal-probate option under §735.301 for very small estates, typically when assets are limited to exempt property plus enough to cover final medical and funeral expenses.
This is the editorial heart of our practice. A lawyer who reflexively opens a formal administration on a $60,000 estate may be doing more work than the law requires, and you may be paying for it. When you interview attorneys, ask directly which door fits your situation and why.
Start with the credential that is not optional
Anyone you hire must be an active member in good standing of The Florida Bar. This is non-negotiable and easy to verify. Before your first paid consultation:
- Search the lawyer’s name on the official Florida Bar member directory at floridabar.org to confirm an active license and check for any public discipline history.
- Note how long they have been admitted. Probate has rhythms and local court customs that take years to internalize.
- Confirm they actually file in your circuit. A lawyer admitted in Florida can technically practice statewide, but someone who regularly appears before the Palm Beach County probate division knows the local clerk’s quirks and the judges’ preferences.
Board certification in Wills, Trusts and Estates is a strong plus but not a requirement. Plenty of excellent probate lawyers are not board certified; what matters more is volume and recency of probate work.
How probate attorneys charge in Florida
Fees are where families get surprised, so understand them before you sign anything. Florida law actually addresses attorney compensation in probate directly. Under Florida Statutes §733.6171, there is a statutory schedule that is presumed reasonable for ordinary services in a formal administration, calculated as a percentage of the estate’s compensable value. For example, the statute treats 3% of the first $1 million as a reasonable fee for ordinary services. That is a default, not a mandate.
You generally have three fee structures to consider:
- Statutory percentage fee. Common in formal administration. Predictable but can be expensive for large, simple estates where the work does not scale with the asset value.
- Flat fee. Often the smartest choice for summary administration and small estates. You know the total cost up front. Many summary administration matters in Florida are handled this way.
- Hourly billing. Typical for contested matters and litigation, where the work is genuinely unpredictable.
A trustworthy lawyer will tell you which structure they propose, put it in a written engagement letter, and explain what “extraordinary services” (like a will contest or sale of real property) could cost on top. If someone is vague about money in the first meeting, that vagueness usually does not improve later.
The questions that actually reveal fit
A consultation is a two-way interview. Bring these questions and watch how the lawyer responds. You are listening for plain answers, not jargon.
1. “Does my situation even require formal probate?”
If the honest answer is summary administration or disposition without administration, a good lawyer will say so, even though it means a smaller fee for them. That candor is the single best signal you can get.
2. “How many probate matters do you handle in Palm Beach County in a typical month?”
You want someone for whom this is routine. A lawyer who files probate weekly will move faster and make fewer avoidable errors than one who dabbles.
3. “Who will actually do my case?”
At many firms, a paralegal does most of the filing under attorney supervision. That is fine and normal, but you should know who answers your emails and whether an attorney reviews every filing.
4. “What is your fee, in writing, and what could increase it?”
Listen for a specific number or structure plus a clear list of contingencies.
5. “What is the realistic timeline?”
A straightforward summary administration in Florida can sometimes close in a few weeks to a couple of months. A formal administration usually runs at least five to six months, partly because Florida requires a creditor claim period: creditors generally have three months from first publication of the notice to creditors to file claims under §733.702. Any lawyer promising a fast formal probate is overpromising.
Red flags to walk away from
- Guaranteed outcomes or guaranteed timelines. Courts and creditors do not run on a lawyer’s promises.
- Pressure to sign immediately. Grief makes people vulnerable; ethical lawyers do not exploit that.
- No written engagement letter. Florida lawyers should document the scope and fee. If they will not, leave.
- Pushing formal administration when the numbers clearly support summary administration. Always ask why the bigger process is necessary.
- Poor responsiveness during the sales phase. If you cannot get a callback before they are hired, imagine the silence afterward.
Local experience matters more than a flashy website
Probate is intensely procedural and somewhat local. The personal representative must usually be a Florida resident, or otherwise a close relative of the decedent, under §733.304. The court has specific expectations about oath forms, bonds, and the order of filings. A lawyer who knows the Palm Beach County probate division will anticipate what the clerk wants and avoid the back-and-forth that delays distribution to your family.
This is also why national firms with deep estate-administration benches can be valuable when an estate crosses state lines. If your loved one owned property in New York and Florida, you may face ancillary administration in one state. Firms experienced in multi-state estates, including handling alongside Florida matters, can coordinate both so you are not hiring two disconnected attorneys who never speak to each other.
The same is true when a dispute erupts. If heirs are fighting, or someone questions the validity of the will, you have moved from administration into litigation. That is a different skill set entirely. Look for a team that handles , because the lawyer who quietly files uncontested probate is not always the lawyer you want in a courtroom brawl. For Florida-specific representation, our colleagues handle with the same depth.
What to bring to your first probate consultation
You will get far more out of the meeting, and a more accurate fee quote, if you arrive prepared. Try to gather:
- The original will and any codicils, if one exists.
- The death certificate (a certified copy).
- A rough list of assets and their approximate values, noting which were jointly owned or had named beneficiaries.
- A list of known debts and recent bills.
- The names and addresses of the beneficiaries and closest relatives.
That asset list is what lets a lawyer tell you immediately whether you are looking at summary administration, formal administration, or no probate at all. Many assets, like jointly titled homes, payable-on-death accounts, and properly designated retirement accounts, pass outside probate entirely. A good first meeting often shrinks the problem dramatically.
When you might not need probate at all
Before you hire anyone, understand that probate is not always required. Assets that typically avoid it include property held in a living trust, accounts with valid beneficiary designations, and real estate owned as joint tenants with right of survivorship or as tenancy by the entireties between spouses. If you want to keep your own family out of this process in the future, that is a planning conversation worth having; our overview of Florida wills and estate planning and our Florida probate basics page walk through both sides. When you are ready to talk specifics, reach out through our contact page and we will tell you honestly which door fits.
The bottom line
Choosing a Florida probate attorney comes down to three things: verify the credential, understand the fee in writing, and confirm real, recent experience with your specific kind of estate, especially the smaller summary-administration cases that make up the bulk of Boca Raton probate. The lawyer who tells you that you need less than you feared is usually the one worth hiring.
Frequently Asked Questions
Do I need a lawyer for probate in Florida?
In a formal administration, yes. Florida Probate Rule 5.030 generally requires the personal representative to be represented by an attorney unless they are the sole interested person. Summary administration and disposition without administration are simpler, but most families still benefit from a lawyer because the filings are technical and errors cause delays.
How much does a probate attorney cost in Florida?
It depends on the estate and fee structure. Florida Statutes 733.6171 sets a percentage-based fee that is presumed reasonable for ordinary services in formal administration (for example, 3% of the first $1 million). Many summary administration cases are handled for a flat fee instead, and contested matters are usually billed hourly. Always get the fee in a written engagement letter.
What is summary administration in Florida?
Summary administration is a faster, lower-cost form of probate under Florida Statutes 735.201. It is available when the value of the non-exempt estate assets is $75,000 or less, or when the person has been deceased for more than two years. There is no personal representative managing the estate over time, which is what makes it quicker.
How long does probate take in Boca Raton, Florida?
A straightforward summary administration can sometimes close in a few weeks to a couple of months. A formal administration usually takes at least five to six months, in part because creditors generally have three months from the first publication of the notice to creditors to file claims under Florida Statutes 733.702.
How do I verify a Florida probate lawyer is legitimate?
Search their name in the official Florida Bar member directory at floridabar.org to confirm an active license and review any public discipline history. Then confirm they regularly file probate in your county’s circuit court, which for Boca Raton is the Fifteenth Judicial Circuit in Palm Beach County.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
