Flat Fee Probate Lawyer Florida
About Probate
About Probate in Florida
Probate Lawyers in Lakeland Florida. We Provide experienced Probate Legal Services in Polk County, Central Florida and the entire State of Florida.
Call 863.250.2990 today to schedule a Free Consultation with our skilled Probate attorneys.
Over 50 Years of Probate Experience
What is Probate?
Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. In general, the decedent’s assets pay the probate proceeding’s cost, the decedent’s funeral expenses, then the decedent’s outstanding debts and can even cover the Attorney’s fees. The remainder of the assets is distributed to the decedent’s beneficiaries.
Why is Probate Necessary
Probate may be necessary to transfer ownership of the decedent’s probate assets to the decedent’s beneficiaries. If the decedent left a valid Will, the Court will admit the Will (according to procedures) to probate to transfer ownership of probate assets to the named beneficiaries. If the decedent had no Will, probate might be necessary to pass ownership of the decedent’s probate assets to those receiving them under Florida law. Some assets do not require a probate proceeding to transfer ownership. You should contact a probate attorney to provide specific guidance
Probate assets vs non probate assets
Examples of Probate Assets:
House in the deceased’s name
Bank account with no other account holder
No beneficiary named Life Insurance Policy with no named beneficiary
Investment Accounts with no named beneficiary
Comparison
Summary vs. Formal Probate Administration
Florida law provides two main paths through probate: summary administration and formal administration. The right one depends on the value of the estate and how long ago the decedent passed away. Here is a side-by-side comparison based on Florida Statutes Chapters 733 and 735.
| Feature | Summary Administration | Formal Administration |
|---|---|---|
| Eligibility | Estate under $75,000 (less exempt property), or decedent died more than 2 years ago | Estate exceeds $75,000 within 2 years of death, or the will directs formal administration |
| Personal Representative | Not appointed | Appointed by the court with Letters of Administration |
| Court Supervision | Minimal; court enters an order distributing assets directly to beneficiaries | Full; personal representative manages the estate under court oversight |
| Creditor Notice | Not required (creditors may still have claims for up to 2 years) | Published once per week for 2 consecutive weeks (F.S. 733.2121) |
| Creditor Claim Period | No formal period (2-year exposure window) | 3 months from first publication (F.S. 733.702) |
| Inventory & Accounting | Not filed with the court | Inventory due within 60 days; final accounting filed at discharge |
| Typical Timeline | 1 to 3 months | 6 to 12 months |
| Filing Fee (Polk County) | $235 to $345 | $400 |
| Florida Statute | Chapter 735 | Chapter 733 |
For very small estates, Florida also offers Disposition Without Administration (F.S. 735.301), which allows certain exempt personal property to be transferred through an informal court application without opening a full probate case.
How Long Does Probate Take in Florida?
Summary Administration
1 to 3 months
Because no personal representative is appointed and no creditor notice is published, summary administration moves quickly once all beneficiaries sign the petition. This is the fastest path when the estate qualifies.
Common Causes of Delay
- ▸ Will contests or beneficiary disputes
- ▸ Contested creditor claims
- ▸ Real estate with title issues
- ▸ Federal estate tax filing (due 9 months after death)
- ▸ Missing or unlocatable beneficiaries
- ▸ Incomplete filings requiring amendment
Formal Administration
6 to 12 months (typical) | 12 to 18+ months (complex)
The mandatory 3-month creditor notice period under F.S. 733.702 sets the minimum floor. According to the Florida Bar, simple estates typically require about five or six months.
Key Milestones
- Court appoints personal representative: 2 to 4 weeks after filing
- Notice to Creditors published: Shortly after appointment
- Creditor claim period closes: 3 months from first publication
- Claims objection deadline: Up to 4 months from first publication
- Final accounting and distribution: 1 to 3 months after creditor period
- Personal representative discharged: Upon court approval of final accounting
Documents & Costs
What You Need to File for Probate
Required Documents: Formal Administration
- ✓ Petition for Administration (verified under oath, per F.S. 733.202)
- ✓ Original Will (if one exists)
- ✓ Certified Death Certificate
- ✓ Oath of Personal Representative
- ✓ Designation of Resident Agent (if PR is a nonresident)
- ✓ Bond (if required by the court; often waived by the will)
Required Documents: Summary Administration
- ✓ Petition for Summary Administration (signed by surviving spouse and all beneficiaries, per F.S. 735.203)
- ✓ Original Will (if one exists)
- ✓ Certified Death Certificate
Important: Florida law requires the custodian of a will to deposit the original with the Clerk of Court within 10 days of learning of the testator’s death. There is no fee for will deposit alone.
Court Filing Fees: Polk County
Filing fees are set by F.S. 28.2401 with small local surcharges. Current Polk County fees:
| Filing Type | Fee |
|---|---|
| Summary Administration (under $1,000) | $235 |
| Summary Administration ($1,000+) | $345 |
| Formal Administration | $400 |
| Petition to Admit Foreign Will | $231 |
| Disposition Without Administration | $231 |
These fees are separate from attorney fees. Our flat fee quotes cover all attorney work for your case.
Polk County Probate: What to Know
Probate cases in Polk County are handled exclusively at the Polk County Courthouse in Bartow (255 North Broadway Avenue, Bartow, FL 33830). The Lakeland and Lake Alfred branch offices do not process wills and estates matters.
The Polk County Clerk’s Probate Division is part of the 10th Judicial Circuit Court of Florida. Office hours are Monday through Friday, 8:00 a.m. to 4:30 p.m. Attorney filings are submitted through the Florida Courts E-Filing Portal.
Contact the Probate Division: (863) 534-4000
Our Probate and Probate Related Practice Areas
Our experienced lawyers are here to help. We specialize in the following areas:
Our Approach to Probate and Probate Related Legal Issues
The point of what we do is resolve cases. We want the process over for, YOU, the client. Our firm is not here to drag out the process and charge the estate. That is why we tend to offer a flat rate. We know how much time this process takes and will get you to the end as quickly as we can.
When You are Dealing with Probate Issues, We In Your Corner!
Our law firm has dedicated itself to helping people save THOUSANDS of dollars during the probate process through our Flat Fee System. This fee system is based on THE AMOUNT OF WORK REQUIRED. As each case is different, our fees vary accordingly. But the fee I provide at the end of our consultation will be the TOTAL ATTORNEYS FEES you will pay for the case, and most times, my quote is less than most other attorneys’ retainers.
If you have questions about Probate issues, don’t wait—make sure your legal rights are protected. Call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.
If you are wondering where to find a probate lawyer in Lakeland, FL and throughout the State of Florida, The MTM Law Firm PLLC is the Law Firm to call. We have a combined 50 years experience in Probate legal matters.
FAQ
Frequently Asked Questions About Florida Probate
How long does probate take in Florida? +
Summary administration (for qualifying estates valued under $75,000) typically takes 1 to 3 months. Formal administration generally takes 6 to 12 months, with a mandatory 3-month creditor notice period under Florida Statute 733.702 setting the minimum floor. The Florida Bar notes that simple estates usually require about five or six months. Complex or contested estates can take 12 to 18 months or longer.
How much does a probate lawyer cost in Florida? +
Florida Statute 733.6171 provides a schedule of presumed reasonable attorney fees based on the compensable value of the estate: $1,500 for estates up to $40,000, increasing to $3,000 for estates up to $100,000, then 3% for amounts between $100,000 and $1,000,000. For example, a $300,000 estate would yield a presumed reasonable fee of $9,000. However, the statute explicitly states that attorney fees are negotiable and there is no mandatory statutory fee. At The MTM Law Firm, we offer flat fee probate so you know the total cost upfront before we begin. Court filing fees ($235 to $400 in Polk County) are separate from attorney fees. See our guide to determining probate fees for more details.
Do all estates have to go through probate in Florida? +
No. Many assets pass outside of probate entirely. Property held as joint tenants with rights of survivorship, accounts with payable-on-death (POD) or transfer-on-death (TOD) designations, life insurance policies with named beneficiaries, and assets held in a revocable living trust all bypass the probate process. Probate is typically required for assets titled solely in the decedent's name without a beneficiary designation. Very small estates may also qualify for Disposition Without Administration under F.S. 735.301. Learn more about how to avoid probate. A probate attorney can review your situation and explain which assets require probate and which do not.
What is the difference between summary and formal administration? +
Summary administration is a simplified process available when the estate's value (less exempt property) is under $75,000, or when the decedent has been dead for more than two years. No personal representative is appointed, there is minimal court supervision, and the process typically takes 1 to 3 months. Formal administration is required for larger estates. The court appoints a personal representative who manages the estate under court oversight, a creditor notice is published, and the process generally takes 6 to 12 months. Our attorneys can determine which type of administration is right for your situation during a free consultation.
What is the 10 day rule for probate in Florida? +
Under Florida law, the custodian of a will (the person who has possession of the original document) is required to deposit it with the Clerk of the Circuit Court within 10 days after receiving information that the testator has died. This applies whether or not you plan to open a probate case. There is no fee for simply depositing a will with the clerk. Failure to deposit the will within this timeframe may result in liability for damages caused by the delay. In Polk County, will deposits must be made at the Bartow courthouse (255 N. Broadway Ave.).
Attorneys
A graduate of Jones Law, he is our team lead for the probate department and case management. He is the one to establish the plan in court.
A graduate of St Thomas Law, Carlos is head of client management and client relations. He is the master of what happens out of court.
A graduate of Cumberland School of Law, Dennis serves as of counsel bringing legislative experience from his tenure as U.S. Congressman.
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