How to Choose a Florida Probate Attorney (Especially With No Will)

To choose a Florida probate attorney, look for a lawyer admitted in Florida who handles probate every week (not occasionally), can explain whether your case is summary or formal administration, and gives you a clear fee arrangement in writing before you sign anything. The right attorney for a Miami estate also knows how the Florida intestacy statutes work when there is no will, because that single fact changes who inherits, who gets appointed, and how long the case takes.

That short answer covers the essentials. The rest of this article explains how to apply it in the real world, where most families come to probate grieving, confused, and unsure whom to trust with a parent’s house, a bank account that has been frozen, and a deadline they did not know existed.

Why choosing the right probate attorney matters more in Florida

Florida is not a do-it-yourself state for most estates. Under Florida Probate Rule 5.030(a), every personal representative must be represented by a Florida-licensed attorney unless that personal representative is the sole interested person in the estate. In plain terms: if there is more than one heir or beneficiary, you are required to have a lawyer to open and run a formal administration. So the question is rarely whether to hire a probate attorney in Florida. It is which one.

The stakes are higher in an intestate estate, meaning one where the decedent died without a valid will. With no will to name a personal representative or direct who inherits, the case runs entirely on statute. The order of priority for appointment and the shares each relative receives are set by the Florida Probate Code, primarily Chapters 731 through 735 of the Florida Statutes, with the intestate succession rules in sections 732.101 through 732.111. A lawyer who is fluent in those provisions saves you from the disputes that erupt when family members assume the wrong person is “in charge” or assume an estate splits in a way the statute does not allow.

Confirm the basics first: license, focus, and venue

Before you evaluate personality or price, screen for three non-negotiables.

• Active Florida Bar license in good standing. Probate is governed by Florida law and heard in Florida circuit courts. Verify the attorney at the official Florida Bar member directory and check for any disciplinary history.
• Probate as a core practice, not a sideline. A general practitioner who files two probates a year will be slower and more expensive than someone who lives in the probate division. Ask directly: roughly how many estates do you administer in a typical year?
• Familiarity with your county’s court. A Miami-Dade estate is filed in the Eleventh Judicial Circuit. Local clerks, judicial assistants, and the rhythm of that probate division matter. An attorney who appears there regularly knows the documentation each judge expects and avoids the small errors that trigger deficiency notices and weeks of delay.

Venue is governed by section 733.101 of the Florida Statutes, which generally places administration in the county where the decedent resided at death. If your relative lived in Miami, you want someone who works in Miami’s courthouse, not someone three hours up the coast who will appear by Zoom and miss the local nuances.

Understand the type of administration before you compare lawyers

Florida recognizes two main paths, and the right attorney will identify yours in the first conversation.

Summary administration

This is the shorter, less expensive track. Under section 735.201, summary administration is available when the value of the probate estate subject to administration (excluding property exempt from creditors’ claims, such as homestead) is $75,000 or less, or when the decedent has been dead for more than two years. It does not require appointing a personal representative in the traditional sense, and it usually resolves in a matter of weeks rather than months.

Formal administration

This is the full process governed by Chapter 733. It applies when the estate exceeds the summary threshold and the death is recent. A personal representative is appointed, letters of administration are issued, creditors are notified and given a window to file claims, assets are inventoried and protected, and the estate is eventually distributed and closed. Formal administration is where most contested and larger Miami estates spend their time, and it is where attorney skill makes the most difference.

Be wary of any lawyer who quotes a fee before they understand which track your estate belongs on. The correct first move is to size up the assets, the debts, the heirs, and the timeline. A confident, fast quote with no diagnosis is a warning sign, not a convenience.

Get clear on fees and put them in writing

Probate fees in Florida are not a free-for-all. Attorney compensation for ordinary services in a formal administration is addressed by section 733.6171, which sets out fee amounts that are presumed reasonable based on a sliding scale tied to the estate’s compensable value. Separately, section 733.106 governs costs and attorney fees in probate proceedings and allows the court to determine how and from what part of the estate they are paid.

What this means for you as a consumer:

1. Ask how the attorney charges. Common structures include a flat fee, an hourly rate, or the statutory percentage under section 733.6171. None is automatically “best,” but you are entitled to know which one applies and why.
2. Ask what “extraordinary services” would cost. Will contests, real estate sales, creditor litigation, and tax matters are usually billed on top of the ordinary fee. Get the framework in writing now so a surprise does not arrive later.
3. Ask who pays. In most cases, reasonable attorney fees are paid from the estate, not from your personal pocket. Confirm this in your engagement letter.
4. Ask about costs. Filing fees, certified copies, publication of the notice to creditors, and appraisals are separate from legal fees. A good attorney itemizes them up front.

If you want to see how another jurisdiction frames the same questions, it is worth reading how a multi-state firm explains that and how the chosen path drives both cost and timeline. The vocabulary differs by state, but the underlying logic, match the procedure to the estate, is universal.

Questions that reveal a strong probate attorney

Anyone can say they “do probate.” These questions separate the genuinely experienced from the merely available. Bring them to your first consultation.

• Based on what I have described, is this summary or formal administration, and why?
• Since there is no will, who has priority to be appointed personal representative under the statute, and who are the legal heirs?
• What is your realistic timeline from filing to distribution for a case like mine in this county?
• How do you handle the notice to creditors and the three-month claims period?
• Is there homestead property, and how will you protect its exempt status for the heirs?
• Who in your office will actually do the work, and how will you keep me updated?
• Have you handled disputes among heirs before, and what happens if one arises here?

Pay attention to how they answer. You want plain English, honest uncertainty where the facts are still unknown, and a lawyer who treats you like a person rather than a file number. Probate can stretch on for the better part of a year. You will be living with this person’s communication style the whole time.

Intestate estates: where the right attorney earns their keep

When there is no will, three problems surface again and again, and each one is a place where the wrong lawyer costs you time, money, or relationships.

Who inherits. Florida’s intestacy rules in sections 732.102 and 732.103 dictate shares for a surviving spouse, children, and more distant relatives, and the math is not intuitive. A spouse’s share, for example, depends on whether the decedent had descendants and whether those descendants are also the spouse’s. An experienced attorney maps the family tree to the statute correctly the first time, so distributions are not unwound later.

Who serves as personal representative. With no nominated executor, section 733.301 sets the order of preference. Surviving family members frequently disagree about who should hold the role, and an attorney who has navigated that tension before can often defuse it without litigation.

What happens when heirs fight. Disagreements over appointment, accountings, or the validity of a purported document can escalate quickly. If your case has that potential, you want a lawyer comfortable in contested matters. The same firm referenced above offers a clear overview of how unfold, and while the rules vary by state, the strategic considerations, standing, evidence, and timing, translate directly to Florida disputes.

Red flags to walk away from

• No written engagement letter, or vague, shifting fee answers.
• Guarantees about outcomes or exact timelines before reviewing the assets and heirs.
• Pressure to sign immediately or to skip steps “to save time.”
• An attorney who cannot tell you which statute or rule governs a point you ask about.
• Poor responsiveness during the courtship phase, which only gets worse after you hire them.

Local matters: choosing in Miami and across Florida

Probate is intensely local even though the statutes are statewide. The clerk’s intake practices, the assigned judge’s preferences, and the practical speed of the division all vary from county to county. For a Miami estate, prioritize an attorney who appears regularly in Miami-Dade’s probate court and knows its staff by name. If your matter touches more than one county, or you are coordinating with family elsewhere, a firm with broader Florida reach can help; you can see how a statewide practice frames its as a useful comparison point for scope and structure.

Finally, do not over-index on a glossy website. Reviews, peer reputation, a candid consultation, and a clear written fee agreement tell you more than marketing copy ever will.

Next steps

Start by gathering the basics: the death certificate, a list of assets and approximate values, known debts, and the names and addresses of the closest living relatives. Bring that to a consultation with a probate-focused Florida attorney and ask the questions above. If you want to read more about the process before you call, our overview of Florida probate walks through each stage, and if you are weighing whether a missing will changes your options, our notes on wills and intestacy are a good place to start. When you are ready to talk through your specific estate, reach out and we will help you figure out the right path.

Frequently Asked Questions

Do I need a probate attorney in Florida, or can I do it myself?

In most cases you need one. Florida Probate Rule 5.030(a) requires every personal representative to be represented by a Florida-licensed attorney unless that person is the sole interested party in the estate. If there is more than one heir or beneficiary, which is common in intestate estates with no will, an attorney is required to open and run the administration.

How much does a probate attorney cost in Florida?

Attorney compensation for ordinary services in a formal administration is governed by section 733.6171 of the Florida Statutes, which provides fee amounts presumed reasonable on a sliding scale tied to the estate’s value. Fees can also be a flat or hourly arrangement, and extraordinary services like litigation or real estate sales are usually billed separately. In most cases reasonable fees are paid from the estate, not your personal funds. Always get the structure in writing before signing.

What is the difference between summary and formal administration?

Summary administration is the shorter, less costly path available under section 735.201 when the probate estate is $75,000 or less (excluding exempt property like homestead) or the decedent has been dead more than two years. Formal administration, governed by Chapter 733, applies to larger, recent estates; it involves appointing a personal representative, notifying creditors, and a longer timeline.

Who inherits in Florida if there is no will?

Florida’s intestacy statutes, sections 732.101 through 732.111, control. Shares depend on the surviving spouse, children, and other relatives, and a spouse’s share varies based on whether the decedent had descendants and whether those descendants are also the spouse’s. The math is not intuitive, which is why an attorney experienced in intestate estates is valuable.

What should I bring to a probate consultation?

Bring the death certificate, a list of the decedent’s assets with approximate values, known debts, and the names and addresses of the closest living relatives. If you find any document that looks like a will, bring it even if you are unsure it is valid. This lets the attorney quickly determine whether your case is summary or formal administration and who the legal heirs are.