Probate & Trust administration
When the Unthinkable Happens, We’re Here to Help You Navigate Forward with Clarity and Compassion
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Honoring them shouldn’t mean fighting through paperwork.
Losing a loved one is one of life’s most difficult experiences. Navigating the legal aftermath shouldn’t make it harder.
The probate process, the legal procedure of administering someone’s estate after they pass away, can be complex, time-consuming, and emotionally overwhelming. But with the right guidance, it doesn’t have to be.
At Legacy Solutions Law Firm, we bring clarity, efficiency, and compassion to every step of the probate process. Our team handles the legal complexities so you can focus on what matters most: healing and remembering your loved one.
Why Probate Matters
Without the proper legal support, probate can drag on for months or even years, draining family resources and causing unnecessary stress. Disputes over assets, creditor claims, and bureaucratic delays can add even more strain to an already emotional time.
Imagine trying to grieve while dealing with endless paperwork, court appointments, and creditor demands.
We’re here to lift that weight off your shoulders, managing every detail with care and precision, protecting your loved one’s legacy, and giving you the space to grieve and remember
Seamless Probate and Administrative Management Services
We provide clear and efficient probate and estate management services that simplify the complexities of settling an estate. Our dedicated team handles all legal processes, asset management, and business transitions with precision and care, ensuring your loved one’s legacy is protected and distributed according to their wishes.
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Comprehensive Probate Administration
We handle every aspect of probate with precision and efficiency from filing legal paperwork to distributing assets according to the will or state law. Our seamless process reduces delays, prevents costly errors, and ensures everything is handled correctly.
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Business Management Support
When a loved one’s estate includes business interests, managing operations and legal transitions can be challenging. We provide expert guidance to keep businesses running smoothly during probate, ensuring financial stability and legal compliance.
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Trust Administration & Asset Distribution
We oversee the legal transfer of assets, managing trusts with accuracy and care. Our team ensures beneficiaries receive what they are entitled to without complications, protecting your loved one’s legacy.
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Real Estate & Trust Management
We provide end-to-end support for property management, valuation, and sales during probate, ensuring legal compliance and smooth transactions. Our team also offers expert guidance in trust administration, safeguarding your loved one's legacy with care and precision.
Probate is the formal court process used to settle a deceased person's estate, pay their debts, and legally transfer ownership of their assets to the right beneficiaries. In Florida, probate is generally required when someone dies owning property in their name alone without a co-owner, designated beneficiary, or trust in place. The process takes place in the circuit court of the county where the person lived or owned real estate, such as the Broward County courthouse for Hollywood and Fort Lauderdale residents. Not all assets go through probate life insurance, retirement accounts with named beneficiaries, and trust property typically pass outside of court.
Summary administration is a simplified, faster probate process available for smaller or older estates, while formal administration is the full court process required for larger or more complex estates. In Florida, summary administration may be used when the total probate estate value is $75,000 or less, or when the person has been deceased for more than two years. Formal administration requires the appointment of a personal representative, creditor notices, court filings, and detailed accountings that can take several months or longer. Many estates handled in Broward County, particularly those involving real estate or business interests, require formal administration.
Probate in Broward County can take anywhere from a few months to over a year, depending on the size and complexity of the estate. Simple estates qualifying for summary administration may close relatively quickly if all paperwork is organized and no disputes arise. Formal administration typically takes longer because it requires creditor waiting periods, tax clearances, and court approval at multiple stages. Contested cases, missing heirs, or title problems with real estate in Hollywood or Fort Lauderdale can extend the timeline even further.
Many common assets are not subject to probate in Florida and pass directly to beneficiaries outside of court. These include life insurance policies and annuities with named beneficiaries, retirement accounts such as IRAs and 401(k)s with designated beneficiaries, jointly owned bank accounts with survivorship rights, and property held in a revocable living trust. Real estate owned as joint tenants with right of survivorship or with an enhanced life estate deed (sometimes called a lady bird deed) can also pass without probate. Broward County families can significantly reduce what goes through court by reviewing how each asset is titled or designated.
When someone dies without a will in Broward County, Florida's intestate succession laws take over and determine who inherits the estate. The law follows a set order of priority based on family relationships, which may not match what the deceased actually wanted for their spouse, children, or other loved ones. A court will appoint a personal representative without the decedent's input, and disputes among family members are more common in these situations. Having a valid will, even a simple one, gives individuals the ability to override the default rules and choose their own beneficiaries.
In Florida, formal probate administration almost always requires working with a probate attorney, and in many court proceedings, it is effectively required by local rules. The Florida Probate Code is detailed and requires specific filings, deadlines, and court notices that are difficult for a non-attorney to navigate correctly. Personal representatives in Broward County who try to handle probate on their own can face personal liability if mistakes are made. Working with a probate attorney in Hollywood or Fort Lauderdale helps protect the estate and ensures the process is completed efficiently.
Yes, Florida probate cases can be contested, and disputes may arise over the validity of a will, the conduct of the personal representative, or how assets are being distributed. Common grounds for contesting a will in Florida include claims of undue influence, lack of mental capacity, or improper execution. When a probate in Broward County is contested, the court may hold hearings and receive evidence before making a ruling. These situations take longer to resolve and often require experienced legal representation for all parties involved.
Ancillary probate is a secondary Florida probate proceeding needed when a person lived in another state but owned real estate or other probate assets in Florida. The primary probate takes place in the decedent's home state, but Florida requires its own court process to transfer title to property located here. This is common for out-of-state owners of condos, investment properties, or vacation homes in Broward County and the South Florida area. Placing Florida real estate in a revocable trust before death is one way to avoid the need for ancillary probate.
When a loved one passes away in Hollywood or Fort Lauderdale, families should focus first on personal arrangements and then locate essential documents as quickly as possible. Important documents to gather include any will or trust, death certificates, financial account statements, property deeds, and life insurance policies. Before transferring, closing, or spending any estate assets, families should consult with a Florida probate attorney to understand what court involvement is required in Broward County. Acting without legal guidance before probate is opened can create title defects, tax problems, or personal liability for surviving family members.
It is possible to avoid most or all probate in Florida through careful advance planning, though some situations may still require a small proceeding. The most effective tools include revocable living trusts, beneficiary designations on financial accounts, transfer-on-death deeds, and joint ownership structures. Florida also has a homestead property exemption that affects how a primary residence passes at death, which requires specific planning to coordinate correctly. Families in Hollywood, Pembroke Pines, and the wider Broward County area benefit from a legal review of how each asset is titled to identify any remaining exposure to probate.
Florida uses the term "personal representative" instead of "executor," which is the term most other states use. The role is identical: the personal representative is the person appointed by the probate court to manage and close out a deceased person's estate. This person is typically named in the will, and if no one is named or there is no will, the court appoints someone, usually a surviving spouse or adult child. The personal representative's responsibilities under Florida law include gathering and protecting all assets in the estate, filing an inventory with the court, publishing a formal notice to creditors in a local newspaper, reviewing and paying valid debts and expenses, filing any required tax returns, and ultimately distributing the remaining assets to beneficiaries with court approval. The personal representative must act as a fiduciary, meaning their legal duty runs to the estate and its beneficiaries, not to themselves. This role carries personal liability: a personal representative who makes mistakes, mismanages assets, or fails to follow proper procedures can be held personally responsible for losses to the estate. This is one of the core reasons why Florida probate law effectively requires a licensed probate attorney to guide most formal administrations. Being named in a loved one's will as personal representative is an honor, but anyone accepting the role in Broward County should consult with a probate attorney before taking any action.
There is no legal difference. Florida law uses the term "personal representative" for the role that most other states call an executor or executrix. The duties are the same regardless of what the term is. If you are named as an executor in a will drafted in another state, and that will involves a Florida estate, the Florida probate court will treat you as a personal representative and hold you to the same standards. This terminology confusion is very common in South Florida because many families move here from states like New York, New Jersey, or Illinois that use the term "executor," and national legal resources often use that term as well. Whether a will calls the person an executor, an executrix, a personal representative, or an administrator, the Broward County probate court applies the same Florida law to the role and the same expectations for conduct, filings, and deadlines.
This question has two parts with different answers. First, as a beneficiary, you are generally not personally responsible for the debts of the person who died. You do not inherit their credit card bills, medical debt, or personal loans. However, those debts are paid from the estate before anything is distributed to beneficiaries. This means that creditors can reduce what you receive, even if they cannot come after you personally. Florida probate law requires the personal representative to publish a notice to creditors and give them a window, typically three months from the date of publication, to file formal claims against the estate. Valid claims are paid in a statutory order of priority, with secured debts, funeral expenses, and family allowances taking precedence over general unsecured creditors. Once debts are paid and the estate is distributed, creditors generally have no further claim. One important exception: if assets are improperly transferred out of the estate without following the proper process, creditors may be able to challenge those transfers. Working with a Broward County probate attorney ensures the creditor process is handled correctly and protects both the personal representative and the beneficiaries.
When a Florida estate's debts and expenses exceed its assets, the estate is considered insolvent. In this situation, the personal representative must follow a strict statutory priority order when paying creditors, and some creditors will receive partial payment or nothing at all. Florida law sets a specific sequence: costs of administration come first, then funeral expenses up to a statutory limit, then debts and taxes with preference, then medical expenses from the last 60 days of the person's life, and then general unsecured creditors. Beneficiaries in an insolvent estate typically receive nothing, because everything must go toward debts in the proper order before any distributions are made. The important reassurance for families in Hollywood and Fort Lauderdale is this: as a beneficiary or family member, you are not personally responsible for a deceased person's debts simply because you are related to them or because you helped care for them during their lifetime. The estate pays what it can, and unpaid debts are extinguished. The exception would be if you were a co-signer or joint obligor on a specific debt, in which case your own liability is separate and survives the estate process entirely.
Probate FAQs
Resources to Guide Your Journey
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Suite 485-S
Hollywood, FL 33021