Probate Administration Attorney in Cooper City, Florida
Probate is the court-supervised process of settling a deceased person's estate under Florida law. It involves validating the will, appointing a personal representative, identifying and inventorying assets, paying creditors and taxes, and distributing remaining assets to beneficiaries. Mark Mastrarrigo P.A. handles both summary and formal administration for families in Cooper City and throughout Broward County, guiding personal representatives through every step of the process.
When This Service Is Needed
- A family member has passed away and left assets titled solely in their name
- You have been named as personal representative in a loved one's will
- The decedent died without a will and the estate must be administered under Florida intestacy law
- There are outstanding debts, creditor claims, or disputes among beneficiaries
- Real property needs to be transferred out of the decedent's name
How This Fits Into Your Estate Plan
Probate administration is often the process that reveals whether an estate plan was properly structured. A well-designed plan using trusts, beneficiary designations, and jointly held assets can minimize or eliminate the need for probate entirely. When probate is necessary, having an organized estate plan with a clear will, updated asset inventory, and designated personal representative makes the process faster and less costly for your family. Proactive estate planning today reduces the probate burden tomorrow.
Navigating the Florida Probate Process
Losing a loved one is difficult, and handling the legal and financial responsibilities that follow can feel overwhelming. At Mark Mastrarrigo P.A., we guide personal representatives and families through every stage of probate administration, handling the legal requirements so you can focus on your family.
Florida probate is governed by the Florida Probate Code (Chapters 731-735 of the Florida Statutes) and the Florida Probate Rules. The process varies significantly depending on whether the estate qualifies for summary administration or requires formal administration.
Summary Administration
Summary administration is a simplified probate procedure available under Florida Statutes Section 735.201 when the value of the entire estate subject to probate, less the value of property exempt from creditors' claims, is $75,000 or less, or when the decedent has been dead for more than two years. This streamlined process does not require appointing a personal representative, which reduces time and expense. A petition is filed with the court, and if approved, the court enters an order distributing assets directly to the beneficiaries.
Formal Administration
Formal administration is required for larger estates and involves several key steps:
- Filing the petition -- The process begins by filing a petition for administration with the circuit court in the county where the decedent resided, along with the original will if one exists
- Appointing a personal representative -- The court issues Letters of Administration, granting the personal representative legal authority to act on behalf of the estate
- Notifying creditors -- The personal representative must publish a notice to creditors in a local newspaper and send direct notice to known or reasonably ascertainable creditors, beginning a 90-day claims period under Florida Statutes Section 733.702
- Inventorying assets -- A complete inventory of probate assets must be filed with the court within 60 days of appointment
- Paying debts and taxes -- Valid creditor claims and any applicable taxes must be resolved before distribution
- Distributing assets -- After all obligations are satisfied, remaining assets are distributed to beneficiaries according to the will or Florida intestacy law
What Goes Through Probate
Not every asset a person owns goes through probate. Assets that typically require probate include real property titled solely in the decedent's name, individual bank and investment accounts without payable-on-death designations, personal property, and business interests held individually. Assets that generally avoid probate include jointly held property with rights of survivorship, accounts with named beneficiaries (retirement accounts, life insurance, annuities), payable-on-death and transfer-on-death accounts, and assets held in a trust.
Timeline and Cost
A typical formal administration takes 6 to 12 months from the date the petition is filed to the final discharge of the personal representative. The minimum timeframe is largely driven by the 90-day creditor claim period and the time needed to resolve any claims, file tax returns, and obtain tax clearance. Costs include court filing fees (which vary by county), the cost of publishing the notice to creditors, personal representative compensation, and attorney fees. Under Florida Statutes Section 733.6171, attorney fees based on a percentage of the estate's value are presumed reasonable, though the court retains authority to adjust fees based on the complexity of the case.
The Role of the Personal Representative
The personal representative (called an executor in some states) has a fiduciary duty to the estate's beneficiaries and creditors. This includes collecting and safeguarding assets, paying valid debts, filing required tax returns, providing accountings to beneficiaries, and distributing assets according to the will or Florida law. A personal representative who fails to fulfill these duties can be held personally liable. Our firm assists personal representatives in understanding and meeting every obligation.
Frequently Asked Questions
How long does probate take in Florida?
Summary administration can often be completed in a few weeks to a couple of months. Formal administration typically takes 6 to 12 months, though complex estates involving contested claims, tax issues, or litigation can take longer. Florida law requires a minimum creditor claim period of 90 days after the first publication of the notice to creditors.
What is the difference between formal and summary administration?
Summary administration is a simplified probate process available when the gross value of the estate subject to probate is $75,000 or less, or when the decedent has been dead for more than two years (Florida Statutes Section 735.201). Formal administration is required for larger estates and involves appointing a personal representative, notifying creditors, inventorying assets, paying debts, and distributing the remaining assets to beneficiaries under court supervision.
Do all assets go through probate?
No. Many assets pass outside of probate, including jointly held property with rights of survivorship, assets with designated beneficiaries (such as life insurance and retirement accounts), payable-on-death bank accounts, and assets held in a trust. Only assets titled solely in the decedent's name without a beneficiary designation typically go through probate.
How much does probate cost in Florida?
Probate costs include court filing fees, publication costs for the notice to creditors, and attorney fees. Florida Statutes Section 733.6171 provides a fee schedule for personal representative compensation based on the estate's value. Attorney fees are generally considered reasonable if they follow a similar schedule. Total costs vary by estate size and complexity, but working with an experienced attorney helps avoid unnecessary delays and expenses.
Can I handle probate without an attorney?
Florida law requires that a personal representative be represented by an attorney throughout a formal administration proceeding (Florida Probate Rule 5.030). While a petitioner may file a summary administration petition without counsel, the process involves strict procedural requirements and statutory deadlines that can result in personal liability if handled incorrectly. Legal representation helps ensure compliance and protects all parties involved.
Related Services
Get Help with Probate Administration
Contact our Cooper City office to discuss your probate matter. Whether you need guidance on summary or formal administration, we can help you understand the process and fulfill your responsibilities as personal representative.
5500 South Flamingo Road, Suite 205, Cooper City, FL 33330
(954) 820-8535Last reviewed: February 2026
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