Do You Need a Probate Lawyer in Florida?

Do You Need a Probate Lawyer in Florida? When to Hire an Attorney

Whether you need a probate attorney in Florida depends on which type of probate case the estate opens. If the estate goes through formal administration, Florida law requires the personal representative to be represented by a lawyer. If the estate qualifies for summary administration, you can file the petition yourself, though the paperwork leaves little room for error.

Formal Administration Requires an Attorney Under Rule 5.030

Florida Probate Rule 5.030 requires a personal representative in a formal administration to be represented by a lawyer, unless that representative is the only interested person in the estate. Formal administration is the process used when non-exempt probate assets exceed $150,000 (or $75,000.00 for deaths which occurred prior to July 2026), or when the decedent died within the last two years and the assets exceed that amount.

Once a formal administration case involves more than one heir, beneficiary, or creditor, the personal representative cannot sign the court filings alone. The court will not accept a petition, inventory, or final accounting from an unrepresented representative in that situation.

Summary Administration Lets You Skip the Attorney, Not the Court

An estate qualifies for summary administration when the non-exempt probate assets total $150,000 or less (or $75,000.00 or less for deaths which occurred prior to July 2026), or when the decedent has been dead for more than two years. Rule 5.030’s attorney requirement does not apply here, so an heir or nominated personal representative can file the Petition for Summary Administration directly with the court.

Filing this way still means going through probate. Qualifying for summary administration does not exempt an estate from the process; the case still needs a judge’s order before a bank, title company, or brokerage will release assets to the beneficiaries. For a full walkthrough of how either path proceeds from opening the case to closing it, see our complete guide to Florida probate.

A Rejected Petition Is the Most Common Result of Filing Alone

A rejected petition is the most common outcome we see when someone files a summary administration case on their own. Missing an asset, misstating its value, or leaving out a required signature can send the case back for amendment, adding weeks or months to their timeline, and sometimes creating a mess which can only be cleaned up by a professional.

Real estate titled only in the decedent’s name creates a separate problem. Without a properly drafted order, a title company may later refuse to insure a sale, which surfaces months after probate closes, when the family is trying to sell the property.

Disagreements between heirs over how assets divide also surface when nobody involved has reviewed the estate’s paperwork or the will’s language before it reaches the courthouse.

Where a Probate Lawyer Prevents the Rejection Instead of Fixing It

One of our attorneys previously worked as a court staff attorney, reviewing probate filings before they reached a judge. That background shapes how we prepare a petition so it clears the clerk’s review the first time, instead of coming back for correction.

We also handle the creditor notice, the asset inventory, and the transfer paperwork after the order is signed, so the personal representative is not tracking every deadline off a courthouse website while also settling a family member’s affairs.

A Flat $3,500 Fee Covers Summary Administration Start to Finish

Florida Probate Law Group handles summary administration for a flat fee of $3,500, regardless of how many assets or beneficiaries the estate has. Formal administration is priced the same way, with flat fees ranging from $2,000 to $6,000 depending on how many assets, creditors, and beneficiaries are involved. Details on how the flat-fee probate pricing is structured are on our pricing page.

Court filing fees and any required newspaper publication cost are separate from our fee, and we go over those amounts during the consultation. For a fuller breakdown of what a case can cost beyond the attorney’s fee, see how much probate costs in Florida.

Every consultation is free, and the firm works with clients remotely across all 67 Florida counties, so distance from an office is not a reason to go without an attorney. If you are not sure which category your case falls into, that call settles it. Schedule a free consultation and we will tell you plainly whether you need representation, what it will cost, and how long your case should take.

Frequently Asked Questions About Hiring a Florida Probate Attorney

I’m the only heir and the only interested party in the estate. Do I still need an attorney?

No. Rule 5.030 only requires an attorney when there is more than one interested party in a formal administration. If you are the sole heir and personal representative, you can represent yourself, though the case still has to meet every formal administration requirement.

Can I file for summary administration myself if the estate includes real estate?

Yes, but the petition and proposed order have to describe the property correctly, or a title company may later refuse to insure a sale. Real estate is the asset type most likely to send a self-filed summary administration back for correction.

What happens if the court rejects my summary administration petition?

The judge sends it back with the missing or incorrect information flagged, and you refile. Sometimes court staff is not specific about the problems with your petition, or identifies a new problem each time you re-file. Each round can add two to four weeks to a case that would otherwise close in a matter of weeks.

Does hiring a probate lawyer slow the process down?

No. A petition prepared correctly the first time avoids the rejection and refiling cycle that stretches out self-filed cases.

Is the $3,500 flat fee the entire cost, or are there separate court filing fees?

The $3,500 covers our fee for handling a summary administration. Florida’s court filing fees and any required newspaper publication cost are separate, and we tell you those amounts before you file.

Can I hire a lawyer partway through if I already started filing on my own?

Yes. We regularly take over cases after a self-filed petition has been rejected or stalled.

What if the heirs disagree about how the estate should be divided?

A disagreement between heirs means the case should not be handled without an attorney, even if the estate would otherwise qualify for summary administration. A contested case can shift into formal administration, where legal representation is required, but even in the context of a summary administration, it is not prudent to litigate contested matters without an attorney.