Florida Probate Attorney: Helping Your Family Heal & Navigate Administration
Losing a parent, a spouse, or a sibling is one of the hardest things a family goes through. The probate process that follows shouldn’t make it harder. Attorney Yanitza Schoonover handles every court filing, every creditor claim, and every legal deadline personally, so your family can focus on each other.
Who Needs a Florida Probate Attorney?
Florida Probate Rule 5.030 requires that a personal representative be represented by a Florida Bar licensed attorney in all formal administration proceedings. Self-representation is not permitted for estates requiring formal administration.
Real Property in Decedent's Name
The decedent died owning real property titled solely in their name with no Lady Bird Deed or trust in place.
Estate Exceeds $75,000
The estate value exceeds $75,000 in non-exempt assets and requires full formal administration under Chapter 733.
No Valid Will (Intestate)
The decedent died without a valid will and the estate requires intestate administration under Sections 732.101 through 732.111.
Will Being Contested
An heir, creditor, or interested party is challenging the validity of the will in probate court.
Ancillary Probate (Out-of-State)
The decedent owned Florida assets but was a resident of another state, requiring Florida ancillary probate.
Creditor Claim Filed
A creditor has filed or threatened to file a claim against the estate during or after the administration.
Florida Probate Costs
Florida probate costs include attorney fees, personal representative fees, court filing fees, publication costs, and appraisal fees, which can total up to 3% of the gross estate value. Florida Statutes Section 733.6171 establishes presumptively reasonable attorney fees on a sliding scale. The statutory schedule is subject to negotiation between the personal representative and the attorney.
| Estate Value | Statutory Attorney Fee (F.S. 733.6171) | Notes |
|---|---|---|
| First $40,000 | $1,500 flat | Personal representative fee follows identical schedule |
| $40,000 to $70,000 | $1,500 + $750 (total $2,250) | Both fees apply simultaneously |
| $100,000 to $1,000,000 | 3% on amount above $100,000 | A $300,000 estate incurs approx. $9,000 in attorney fees |
| $1,000,000 to $3,000,000 | 2.5% | Plus equivalent personal representative fee |
| $3,000,000 to $10,000,000 | 2% | Plus court costs, publication, appraisal |
| Over $10,000,000 | 1.5% |
Court filing fee $400 to $2,000 depending on estate value · Newspaper publication $100 to $300 · Property appraisal $300 to $500 per asset · Bond premium varies by estate size if required. A $300,000 estate can generate $18,000 in combined statutory fees (attorney plus personal representative) before these additional costs.
- Super Lawyers Rising Stars 2021 through 2026
- 2024 Elite Lawyer Award
- Florida Bar #124081, admitted September 2016
A Probate Attorney Who Handles Every Step
Most families navigating probate have never done it before. The Schoonover Law Firm handles the entire process, from the first court filing to the final distribution. So nothing falls through the cracks and no deadline is missed. Available Monday through Sunday in English and Spanish, with in-person meetings by appointment and phone or Zoom consultations any evening or weekend.
Yanitza Schoonover is a Florida Bar licensed estate planning and probate attorney based in Miami with 13 years of Florida estate law experience. She holds Florida Bar number 124081 with active good standing status and handles every probate case, every legal document, and every client question personally.
Years in Estate Law
Years Licensed
Consecutive Rising Stars
Weekly Availability
What Does a Florida Probate Attorney Do?
A Florida probate attorney represents the personal representative in all court proceedings, prepares and files all required legal documents, manages creditor claims, and guides the estate to final distribution. Florida Probate Rule 5.030 mandates attorney representation for personal representatives in all formal administration proceedings.
Probate Assets vs. Non-Probate Assets in Florida
Florida probate applies to assets titled solely in the decedent’s name without a beneficiary designation, joint owner, or trust designation at the time of death.
Formal Administration
9 to 24 months average
Summary Administration
2 to 6 months average
Disposition Without
2 to 8 weeks
Creditor claim disputes
+3 to 12 months
Will contest filed
+12 to 36 months
Real property transactions
+2 to 6 months
A properly funded estate plan routes all significant assets through non-probate transfer mechanisms, eliminating the need for formal administration. Attorney Schoonover integrates probate avoidance planning into every estate plan she drafts.
Real property titled solely in the decedent’s name · Bank accounts without a POD beneficiary · Investment accounts without a TOD designation · Vehicles titled solely in the decedent’s name · Personal property and household contents · Business interests without a succession agreement · Uncollected judgments or legal claims
Assets in a funded revocable living trust (Chapter 736) · Real property with a Lady Bird Deed · Jointly titled property with right of survivorship · Life insurance with a named beneficiary · Retirement accounts with named beneficiaries · Bank and investment accounts with POD or TOD designations
What Is Probate in Florida?
Florida probate is the court-supervised legal process of validating a deceased person’s will, appointing a personal representative, settling outstanding debts, and transferring titled assets to named beneficiaries under judicial oversight. Florida probate proceedings are governed by Florida Statutes Chapters 731 through 735 and the Florida Probate Rules adopted by the Florida Supreme Court.
The American Bar Association documents Florida probate costs at up to 3% of total estate value, covering attorney fees, personal representative fees, court filing fees, and publication costs. A 2022 Federal Reserve Survey reported a median U.S. household net worth of $192,700. At up to 3%, a median estate incurs up to $5,781 in probate-related costs before any asset reaches a beneficiary.
Will Validation
The court authenticates the decedent's last will and testament as a valid legal instrument before any administration begins.
Personal Representative
The court formally authorizes a named individual to administer the estate on behalf of all beneficiaries and creditors.
Creditor Resolution
The process provides a structured statutory period for creditors to file and resolve claims against the estate.
Asset Transfer
The court authorizes the legal transfer of titled assets from the decedent to named beneficiaries or heirs at law.
Types of Florida Probate Administration
Florida law provides 4 distinct probate administration pathways. The applicable pathway depends on estate value, time elapsed since death, and asset types involved.
Formal Administration
Full probate process for estates with non-exempt assets exceeding $75,000. Governed by Florida Statutes Chapter 733. Involves the highest level of court oversight.
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Required for non-exempt assets above $75,000
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Court-appointed personal representative required
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9-step process from petition to final discharge
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Average timeline 9 to 24 months in Miami-Dade
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Attorney representation required by Florida Probate Rule 5.030
Summary Administration
Streamlined probate for estates with non-exempt assets at $75,000 or below, or when the decedent has been deceased for more than 2 years. Governed by Chapter 735.
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No personal representative required
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2 to 6 months average timeline
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Miami-Dade filing fee approximately $346
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Petitioner personal liability for undisclosed debts
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All beneficiaries must sign or receive formal notice
Disposition Without Administration
A probate exemption when the decedent’s only probate assets are exempt personal property or assets not exceeding the cost of final illness and funeral expenses. Section 735.301.
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No court proceeding required
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Petitioner files a verified statement with the clerk
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Applies only when all assets are exempt or minimal
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Fastest resolution, 2 to 8 weeks
Ancillary Probate
Required when a non-Florida resident dies owning real property or tangible personal property located in Florida. Governed by Chapter 734. The primary probate occurs in the decedent’s home state.
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Filed in the Florida circuit court where property is located
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Runs concurrently with the home-state probate
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Lady Bird Deed or revocable living trust eliminates the need entirely
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Local Florida probate attorney required
What Is the Florida Formal Probate Process ?
Florida formal administration follows a court-supervised 9-step process from petition filing to final discharge, with each step governed by specific Florida Statutes and Florida Probate Rules. The process begins within 10 days of the decedent’s death under Florida Statutes Section 733.201, which requires the custodian of a will to deposit it with the court clerk.
File Petition for Administration
Filed with the circuit court in the county where the decedent was domiciled. Identifies the personal representative, estate value, and will status.
Deposit the Original Will
Florida Statutes Section 732.901 requires the custodian to deposit the original will with the court clerk within 10 days of learning of the decedent's death.
Court Appointment and Letters of Administration
The court issues Letters of Administration, the credential granting authority to access estate assets, required by every bank and title company.
Publish Notice to Creditors
Published for 2 consecutive weeks. Under F.S. Section 733.702, creditors have 3 months from first publication to file claims.
Serve Notice on Beneficiaries and Heirs
Formal notice served within 3 months of appointment under Florida Probate Rule 5.241.
File Verified Inventory Within 60 Days
Lists all probate assets and fair market values under Florida Statutes Section 733.604.
Resolve All Creditor Claims
Each filed claim is reviewed, accepted, or objected to. Disputed claims proceed through the Florida court system for adjudication.
Pay All Debts, Taxes, and Expenses
All valid creditor claims, administration expenses, and applicable federal estate taxes paid before any distribution to beneficiaries.
Petition for Discharge and Final Distribution
Final accounting, proposed distribution, and petition for discharge. Court enters Order of Discharge and authorizes final distribution to beneficiaries.
Florida Homestead Property in Probate: Special Constitutional Protection
Florida homestead property receives special protection under Article X, Section 4 of the Florida Constitution and does not pass through probate administration in the same manner as ordinary assets.
Surviving spouse, no minor children
The property passes as a life estate to the surviving spouse with a remainder interest to the decedent's lineal descendants, or outright to the spouse if the will provides for that devise.
Minor children present
The homestead passes automatically to the minor children as tenants in common with a life estate in the surviving spouse. The court cannot override this constitutional protection regardless of what the will says.
No surviving spouse or minor children
The property passes freely per the will or intestate succession without constitutional restriction. Florida courts issue an Order Determining Homestead Status in most probate proceedings involving real property.
Can a Florida Will Be Contested? What If There Is No Will?
Florida Will Contests: 4 Legal Grounds
A Florida will contest is governed by Florida Statutes Section 733.109. Will contests that proceed to trial add 12 to 36 months to the administration timeline. Most resolve through mediation before trial.
Lack of Testamentary Capacity
The testator lacked the mental capacity to understand the nature and effect of the will at the time of execution.
Undue Influence
A third party exerted improper pressure on the testator that overcame their free will at the time of execution.
Fraud
The testator was deceived into signing a document they did not understand or that was misrepresented as something other than a will.
Improper Execution
The will fails the formal execution requirements of Florida Statutes Section 732.502, missing witnesses, notarization, or proper signature.
Florida Intestate Succession: No Will
When a Florida decedent dies without a valid will, the estate is distributed under Florida Statutes Sections 732.101 through 732.111 regardless of the decedent’s wishes. Intestate estates still require formal administration if non-exempt assets exceed $75,000.
Formal Administration
9 to 24 months average
Summary Administration
2 to 6 months average
Disposition Without
2 to 8 weeks
Creditor claim disputes
+3 to 12 months
Will contest filed
+12 to 36 months
Real property transactions
+2 to 6 months
Why Choose Schoonover Law Firm for Florida Probate Administration?
Florida probate proceedings involve strict statutory deadlines, mandatory court filings, creditor claim periods, and fiduciary duties that carry personal liability for the personal representative.
Attorney-Led on Every Matter
All petitions, court filings, creditor claim responses, inventories, and discharge proceedings handled directly by Attorney Schoonover.
Extended Attorney Availability
In-person Mon–Fri until 5:00 PM by appointment. Phone and Zoom consultations Mon–Sun 8:00 AM to 9:00 PM.
Fee Quote in Writing First
Fee quote confirmed in writing before legal work commences. No hourly billing surprises during an already difficult time for the family.
Bilingual, English and Spanish
Miami-Dade County is approximately 67% Hispanic or Latino (U.S. Census 2023). Full probate representation in Spanish. Hablamos español.
Florida-Focused Practice
Probate and estate law practice handling formal administration, summary administration, intestate estates, ancillary probate, will contests, and creditor claim disputes.
Probate Avoidance Built Into Every Estate Plan
Probate avoidance planning integrated into every estate plan Attorney Schoonover drafts, so clients' families never face a lengthy court proceeding due to missing documents or unfunded trusts.
Areas We Serve
The Schoonover Law Firm serves clients statewide across Florida. Attorney Yanitza Schoonover is based at 6303 Waterford District Dr, Suite 400, Miami, FL 33126.
Miami-Dade County
Miami, Hialeah, Coral Gables, Miami Beach, Homestead, Miami Gardens, North Miami, Doral, Aventura, Cutler Bay, Palmetto Bay, Pinecrest, South Miami, Miami Lakes, North Miami Beach, Opa-locka, Sweetwater, Sunny Isles Beach, Bal Harbour, Key Biscayne, Miami Shores, Surfside, Biscayne Park, El Portal, West Miami, Virginia Gardens, Medley, Hialeah Gardens, Florida City, North Bay Village, Bay Harbor Islands, Golden Beach, Miami Springs, Islandia, Westchester, Tamiami, Kendale Lakes, The Hammocks, Fountainebleau, University Park, Olympia Heights, Gladeview, Leisure City, Naranja, Princeton, Three Lakes, Country Club, Kendall
Broward County
Fort Lauderdale, Plantation, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Davie, Deerfield Beach, Sunrise
Palm Beach County
Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Lake Worth, Wellington, Greenacres
Attorney Yanitza Schoonover serves all South Florida. Call (305) 299-7496 for any Florida location not listed.
Frequently Asked Questions About Florida Probate
Does Every Florida Estate Go Through Probate?
No. Florida estates go through probate only when the decedent owned assets titled solely in their name without a beneficiary designation, joint owner, or trust designation. Assets held in a funded revocable living trust, jointly owned property, accounts with POD or TOD designations, and life insurance with named beneficiaries all transfer outside of probate court entirely.
What Are Letters of Administration in Florida Probate?
Letters of Administration is a court-issued document that grants the personal representative legal authority to access, manage, and transfer estate assets on behalf of the decedent’s estate. Financial institutions, property title companies, and government agencies require presentation of Letters of Administration before releasing estate assets to the personal representative. Letters of Administration expire upon entry of the Order of Discharge closing the estate.
Who Can Serve as Personal Representative in Florida?
A Florida personal representative must be a Florida resident or, if non-resident, a spouse, sibling, parent, child, or other close relative of the decedent under Florida Statutes Section 733.304. Non-resident, non-relatives are disqualified from serving. Banks and trust companies authorized to conduct business in Florida also qualify as corporate personal representatives.
What Is the Creditor Claim Deadline in Florida Probate?
Florida creditors have 3 months from the date of first publication of the Notice to Creditors or 30 days from actual written notice, whichever occurs later, to file a claim against the estate under Florida Statutes Section 733.702. Claims filed after the statutory deadline are permanently barred. The personal representative objects to any timely filed claim within 4 months of first publication or 30 days of the claim filing date, whichever is later.
What Is a Probate Homestead Allowance in Florida?
Florida Statutes Section 732.401 provides that the homestead property of a Florida decedent is not subject to the claims of ordinary creditors of the estate. The homestead protection applies regardless of the estate’s total debt load. Creditors other than secured mortgage lenders and judgment lienholders recorded prior to death cannot force the sale of a Florida homestead to satisfy estate debts.
How Do You Hire a Florida Probate Attorney After Losing a Loved One?
Hire a Florida probate attorney by calling (305) 299-7496 or scheduling a consultation at estateplanningattorney.us. Attorney Schoonover reviews the decedent’s assets, will status, and family situation in the first call and confirms whether formal administration, summary administration, or disposition without administration applies to the estate.
Yanitza Schoonover handles Florida probate administration for individuals and families throughout Miami-Dade County as a licensed probate and estate administration attorney with 13 years of Florida estate law experience.
Start With a Free Consultation
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Email info@estateplanningattorney.us
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Schedule a Free Consultation at estateplanningattorney.us
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In-person meetings by appointment only.
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English and Spanish, Hablamos Español
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Flat fee for estate planning, fee quote provided before any work begins
