Broward County Probate and Estate Administration
Probate is the court process of passing ownership of the decedent’s assets to the decedent’s beneficiaries. If the decedent left a valid will the probate is considered testate. If the decedent didn’t leave a valid will or if the will isn’t capable of being admitted by the court, the administration is considered intestate. For intestate estates, Florida law dictates who the beneficiaries are and the order is typically a surviving spouse, children or if none, then parents and siblings.
A typical probate administration resolves all claims of the decedent’s estate, making sure the inherited assets are passed without being encumbered by creditor claims.
Questions? Our Probate Express line is 954-942-6504
It is important to properly plan your estate succession in advance. For more information on how to set up your own will, trust or estate plan please feel free to check out this page.
Our Attorneys and Staff are Available to Consult with you
The attorneys and staff and Law Offices of Oates & Oates have been helping families in South Florida probate their loved ones’ estates since 1978. We would be pleased to meet with you to see how we might help in your probate administration needs. We routinely consult with prospective clients by phone or in our office. Call the office today and ask to speak with someone about how we might be able to help you and your family.
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Frequently Asked Questions
Q. When is a Broward County Probate Required? A. An administration of an estate may be required for individuals who passed away and were residents of Broward County or had property located in Broward County.
Q. Am I Required to File the Original Will? A. The custodian of a Last Will and Testament is required by law to file the original with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or the last four digits of the testator’s social security number to the clerk upon deposit. It is recommended to do this with the assistance of counsel.
Q. Are the Probate Records displayed online? A. In the process of a Broward County Probate Case, some documents are filed with the Broward County Public Records although, because of privacy concerns the content of the documents are not available for online public access. For example, the Broward County Property Appraiser reviews the recorded documents concerning real property such as a personal representative’s deed or order for summary administration and will update their records to show the proper legal owners of the Broward Probate Real Estate.Likewise, copies of death certificates and last will and testaments are also restricted from public online access.
Q. Are you Required to Publish for Creditors? A. The process of publishing for creditors is required in Broward County Probate Cases. There may be an exception for decedents who passed away more than two years ago. Other times it may be a good idea to find creditors which are not known or are not reasonably ascertainable to dispense with rights they may have against beneficiaries receiving property from the estate.
Q. Which Courthouse is used for Probate Proceedings? A. Broward County Probate Court is located in the main downtown circuit courthouse, 201 SE 6th Street, Ft. Lauderdale. The Satellite Court houses in Broward are not yet set up to handle probate cases.
Q. Which Judges are in Broward County Probate Court. A. The Broward County Probate Court Judges are the Honorable Marc H. Gold, Charles M. Greene, and Mark A. Speiser.
Q. What are the Filing Fees for a Broward County Probate? A. The filing fees for a Petition for Formal Administration in Broward County Probate Court is $401. There are other fees which may apply as well. Click here for Broward County Probate filing fees.
Florida Bar Article: Probate in Florida
- What Is Probate?
- What Is A Will?
- Who Is Involved In The Probate Process?
- What Is A Personal Representative, And What Does The Personal Representative Do?
- … and more click here to view the full pamphlet
The information above was considered up to date at the time this page was created. Please call to verify that you have the most up to date information before relying on the helpful information on this page.