How to Choose a Florida Probate Attorney (Especially for an Estate With No Will)

Choosing a Florida probate attorney means hiring a lawyer who regularly handles probate administration in the county where the decedent lived, charges in a way you understand, and communicates with the personal representative and the beneficiaries throughout the case. In Palm Beach County, the right attorney knows the local Probate Division, the deadlines under the Florida Probate Code, and how to move an estate to distribution without unnecessary delay or expense. This guide walks you through how to make that choice well, with particular attention to estates where the person died without a will.

Why the choice of probate counsel matters more than people expect

Probate is not a single event. It is a months-long court-supervised process: opening the estate, appointing a personal representative, identifying assets, notifying creditors, resolving claims, paying valid debts and taxes, and finally distributing what remains. A capable attorney shortens that timeline and reduces friction. A poor fit drags it out, runs up fees, and turns ordinary family dynamics into litigation.

The stakes climb when there is no will. When someone dies intestate — without a valid will — Florida law decides who inherits, not the family and not the deceased’s stated wishes. The rules of intestate succession live in Chapter 732 of the Florida Statutes, principally sections 732.101 through 732.111. Those statutes determine the surviving spouse’s share, how descendants take, and what happens when there is no spouse or children. Because no document names a personal representative, the court must appoint one, and disputes over who serves are common. This is exactly the situation where experienced probate counsel earns its keep.

Match the attorney to the type of probate you actually need

Florida offers more than one path through probate, and the right lawyer will tell you which one fits before you sign anything. The main options are:

• Formal administration — the full court-supervised process used for most estates, governed by Chapter 733. A personal representative is appointed and issued Letters of Administration.
• Summary administration — a faster, lighter process available under Florida Statutes section 735.201 when the estate’s value (less exempt property) does not exceed $75,000, or when the decedent has been dead for more than two years.
• Disposition without administration — a limited procedure for very small estates where assets are exhausted by funeral costs and final medical expenses.

An attorney who only quotes you a flat fee for “probate” without first asking about the estate’s size, the assets involved, and whether there is a will is skipping the most important diagnostic step. Concepts like probate type, court supervision, and exempt property are not the same across states — if you are weighing how Florida compares to other jurisdictions, it helps to understand that even too, with their own thresholds and procedures. The takeaway: the process is jurisdiction-specific, so hire local Florida counsel who lives in this system.

Look for genuine probate experience, not general practice

Many lawyers list probate among a dozen practice areas. That is different from a lawyer who appears in the Palm Beach County Probate Division most weeks. Ask directly:

1. How many Florida probate estates have you administered in the last year?
2. How often do you handle intestate estates specifically?
3. Have you served as counsel to a personal representative in this county’s Probate Division?
4. How do you handle creditor claims and the three-month claims period?
5. What is your experience with will contests or disputes over who should serve as personal representative?

That last question matters even when there is no will. No-will estates frequently produce conflict — over priority to be appointed personal representative under Florida Statutes section 733.301, over who counts as an heir, and over the value of assets. If a dispute escalates, you want a lawyer who can litigate, not one who will hand you off. The mechanics of contested estates carry across state lines; a firm that understands demonstrates the kind of courtroom depth you should expect from probate counsel anywhere, including Florida.

A note on Florida’s attorney requirement

In most Florida formal administrations, the personal representative is required to be represented by a licensed Florida attorney. This is not optional advice — it is the practical rule under the Florida Probate Rules. So the question is rarely “do I need a lawyer,” but rather “which lawyer.” That makes vetting essential.

Understand how probate attorneys charge in Florida

Fees are the area where clients are most often surprised, so get clarity in writing. Florida law actually addresses attorney compensation in probate. Section 733.6171 of the Florida Statutes sets out a schedule of fees that are presumed reasonable, calculated as a percentage of the estate’s compensable value. For example, the statute treats a defined fee as reasonable for estates up to certain value tiers, with the percentage stepping down as the estate grows.

Here is what you should know:

• The statutory schedule is a default, not a mandate. Attorney and client can agree to a different arrangement — often an hourly rate or a flat fee — and many estates are better served that way.
• Extraordinary services cost extra. Will contests, litigation, sale of real property, and tax controversies fall outside ordinary services and are billed separately.
• Personal representatives also receive a fee under section 733.617, separate from the attorney’s compensation.
• Costs are not fees. Filing fees, certified copies, publication of the notice to creditors, and appraisals are estate expenses on top of attorney compensation.

A trustworthy attorney explains all of this up front and gives you a written fee agreement. Be wary of anyone who is vague about cost or who quotes only the percentage schedule without telling you an hourly or flat alternative exists.

Red flags to watch for

After years of cleaning up estates that started with the wrong lawyer, a few warning signs recur:

• Poor communication. If you cannot get a returned call during the hiring stage, it will be worse once you have paid a retainer.
• No interest in the facts. A lawyer who quotes a fee without asking whether there is a will, real estate, or out-of-state heirs is not protecting you.
• Overpromising speed. Florida probate has built-in waiting periods, including a creditor claims window that generally runs three months from first publication of the notice to creditors under Florida Statutes section 733.702. No competent lawyer can lawfully skip it.
• Pressure to sign immediately. Reputable counsel lets you read the fee agreement and ask questions.
• No conflict screening. In a no-will estate with multiple heirs, the attorney represents the personal representative, not every beneficiary. A good lawyer makes that role crystal clear.

Special considerations for intestate (no-will) estates in Palm Beach

Because Palm Beach attracts retirees, second marriages, and out-of-state and international families, intestate estates here are rarely simple. Watch for these issues and confirm your prospective attorney has handled them:

Determining heirs and shares

Without a will, the spouse’s share depends on whether the decedent had descendants, and whether those descendants are also the surviving spouse’s children. The interplay of sections 732.102 and 732.103 governs the result, and the answer is frequently counterintuitive to families who assumed everything passes to the spouse automatically.

Homestead property

Florida’s constitutional homestead protections can override the ordinary intestate rules for the decedent’s primary residence. Homestead passes by its own set of rules and is not always treated like other estate assets. An attorney who glosses over homestead is missing one of the most consequential issues in a Florida estate.

Appointment disputes

When no will names a personal representative, section 733.301 establishes priority — the surviving spouse first, then the person selected by a majority in interest of the heirs. With blended families, that priority is a common flashpoint. Choose a lawyer who can both advise on appointment and, if necessary, represent your position in a contested hearing.

If the estate has Florida property but the family is based elsewhere, you may also want a firm with multi-state reach. Morgan Legal handles alongside related estate matters, which can simplify coordination when heirs and assets cross state lines.

Practical steps to make the final decision

1. Consult two or three attorneys. Most offer an initial consultation. Compare not just price but how clearly each explains your specific situation.
2. Bring your documents. The death certificate, a list of assets and debts, deeds, account statements, and the names of all potential heirs let the attorney give real answers.
3. Ask who will actually do the work. In larger firms, a paralegal may handle most filings. That can be fine and cost-effective — but you should know.
4. Get the fee agreement in writing and confirm what counts as ordinary versus extraordinary services.
5. Trust the relationship. Probate is personal and can last a year or more. Hire someone you can talk to honestly.

If you are ready to move forward or simply want a second opinion on an estate that has no will, you can reach our office to discuss your options. For background on estate documents generally, our overview of wills in Florida explains how having a valid will would have changed the process — and why so many families end up in intestate probate without one.

Frequently asked questions

Do I need a probate attorney in Florida if there is no will?

Yes. For a formal administration, the personal representative is generally required to be represented by a Florida attorney. With no will, the estate also requires the court to appoint a personal representative and to apply Florida’s intestate succession statutes, which makes experienced counsel especially valuable.

How much does a Florida probate attorney cost?

Florida Statutes section 733.6171 sets a percentage-based fee schedule presumed reasonable, but attorneys and clients may instead agree to an hourly rate or flat fee. Extraordinary services such as litigation or selling real estate are billed separately, and court costs are additional. Always get the fee arrangement in writing.

How long does probate take in Palm Beach County?

A straightforward formal administration often takes several months to a year, in part because of the creditor claims period, which generally runs three months from first publication of the notice to creditors. Disputes, real estate sales, or tax issues can extend the timeline.

What questions should I ask before hiring a probate lawyer?

Ask how many Florida estates they handle each year, whether they regularly appear in the local Probate Division, how they handle intestate estates and creditor claims, who will do the day-to-day work, and exactly how they charge. Clear answers signal genuine probate experience.

Can I use summary administration instead of formal probate?

Possibly. Under Florida Statutes section 735.201, summary administration may be available when the estate’s non-exempt value does not exceed $75,000, or when the decedent has been dead more than two years. A probate attorney can confirm whether your estate qualifies for this faster process.

Frequently Asked Questions

Do I need a probate attorney in Florida if there is no will?

Yes. For a formal administration, the personal representative is generally required to be represented by a Florida attorney. With no will, the court must also appoint a personal representative and apply Florida’s intestate succession statutes (Chapter 732), which makes experienced counsel especially valuable.

How much does a Florida probate attorney cost?

Florida Statutes section 733.6171 sets a percentage-based fee schedule presumed reasonable, but attorneys and clients may instead agree to an hourly rate or flat fee. Extraordinary services such as litigation or selling real estate are billed separately, and court costs are additional. Always get the fee arrangement in writing.

How long does probate take in Palm Beach County?

A straightforward formal administration often takes several months to a year, partly because of the creditor claims period, which generally runs three months from first publication of the notice to creditors. Disputes, real estate sales, or tax issues can extend the timeline.

What questions should I ask before hiring a probate lawyer?

Ask how many Florida estates they handle each year, whether they regularly appear in the local Probate Division, how they handle intestate estates and creditor claims, who will do the day-to-day work, and exactly how they charge. Clear answers signal genuine probate experience.

Can I use summary administration instead of formal probate?

Possibly. Under Florida Statutes section 735.201, summary administration may be available when the estate’s non-exempt value does not exceed $75,000, or when the decedent has been dead more than two years. A probate attorney can confirm whether your estate qualifies.