Southeast Florida Estate Planning & Probate Attorney
Wills, revocable living trusts, powers of attorney, and probate guidance for families across Southeast Florida — the Gold Coast and the Keys — prepared under current Florida law and handled by phone, video, or appointment.
Cornerstone Wealth & Legacy Law serves families throughout Southeast Florida — the Gold Coast and the Keys — with wills, revocable living trusts, powers of attorney, health care directives, and probate guidance. The region spans Palm Beach County, Broward County, Miami-Dade County, and Monroe County. Florida estate planning law is the same statewide, but where your estate is administered is decided at the county level, so we connect every Southeast Florida family to the right county process.
Counties We Serve in Southeast Florida
Explore the county overview that fits you — each links to local cities and the courthouse that handles its probate:
Probate in Southeast Florida
When a Southeast Florida resident passes away with assets that do not transfer automatically, the estate is administered through the Clerk of the Circuit Court in the county where they lived — within the Fifteenth, Seventeenth, Eleventh, and Sixteenth Judicial Circuits. Because Florida probate is largely electronic, a personal representative usually does not need to travel to the courthouse, but the process still follows strict statutory deadlines, including the creditor notice period under Florida Statutes Chapter 733. We guide families through formal and summary administration and, where possible, help them avoid probate entirely.
Florida Homestead & Your Southeast Florida Home
For most homeowners in Southeast Florida, the residence is the most valuable — and most legally protected — asset in the estate. Florida's constitutional homestead protection (Art. X, §4 of the Florida Constitution) shields a primary residence from most creditors and restricts how it may be left when you are survived by a spouse or minor child (Fla. Stat. §732.401). Homestead generally passes outside the probate estate, but the title still has to be cleared, often through a petition to determine homestead status. Transferring the home correctly — sometimes with an enhanced life estate ("Lady Bird") deed or a funded revocable trust — is one of the highest-value planning steps a family can take.
Key Florida Statutes for Southeast Florida Estates
Florida estate and probate law is statewide; these are the provisions that most often shape how an estate is planned and administered:
- Fla. Stat. §732.502 — execution of wills: a Florida will must be signed by the testator and attested by at least two witnesses.
- Fla. Stat. §732.901 — the original will must be deposited with the clerk of court within 10 days of learning of the death.
- Fla. Stat. Chapter 732 — intestate succession and the surviving spouse's elective share.
- Fla. Stat. §732.401 & Art. X, §4, Fla. Const. — descent of homestead and its creditor protection.
- Fla. Stat. Chapter 733 — formal administration, including notice to creditors and the claim period under §733.702.
- Fla. Stat. Chapter 735 — summary administration and disposition without administration.
Start Your Southeast Florida Estate Plan Online — the Easy Way
Across Southeast Florida, you can put a Florida-valid will, revocable living trust, durable power of attorney, and health care directives in place from home in three simple steps: answer a few questions in our secure online intake (about 20 minutes), let us prepare your documents under current Florida law — with an Attorney-Guided option personally reviewed by Arthur Simpson, Esq. — and sign correctly under Florida's witness and notary rules. Start with the Florida Estate Kit, take the free Estate Plan Score quiz, or book a free 20-minute call.
Southeast Florida Estate Planning & Probate FAQs
What counties make up Southeast Florida?
Southeast Florida covers Palm Beach County, Broward County, Miami-Dade County, and Monroe County. Cornerstone Wealth & Legacy Law serves every one of these counties by phone, video, and appointment, helping families with wills, trusts, powers of attorney, and probate under Florida law.
Where is probate filed in Southeast Florida?
Probate in Southeast Florida is filed in the county where the person lived, with that county's Clerk of the Circuit Court. The region spans the Fifteenth, Seventeenth, Eleventh, and Sixteenth Judicial Circuits. Florida probate is largely electronic, so a personal representative usually does not need to appear in person.
What estate planning documents do I need in Southeast Florida?
Most adults in Southeast Florida benefit from a will, a durable power of attorney, a health care surrogate designation, and a living will; homeowners and parents, and anyone who wants to avoid probate, should also consider a revocable living trust. The right plan depends on your assets and family under Florida law.
Can I handle my Southeast Florida estate plan remotely?
Yes. Cornerstone serves Southeast Florida clients by phone and video — we prepare your documents remotely and guide you through signing under Florida's witnessing and notarization requirements, with in-person appointments available in the Daytona Beach area.
How long does probate take in Southeast Florida?
Most formal probate administrations in Southeast Florida take roughly six months to a year, driven largely by Florida's creditor claim period. After the personal representative publishes a notice to creditors, creditors generally have until the later of three months from first publication or 30 days from service to file claims (Fla. Stat. §733.702), subject to a two-year absolute bar (§733.710). Estates that qualify for summary administration are often completed in a few weeks to a couple of months.
What is summary administration, and does my Southeast Florida estate qualify?
Summary administration is Florida's streamlined probate process, available when the probate estate — excluding exempt and homestead property — is worth $75,000 or less, or when the decedent has been deceased for more than two years (Fla. Stat. Chapter 735). Many estates in Southeast Florida qualify, especially when most assets passed by trust, beneficiary designation, or joint title. Estates that do not qualify proceed as a formal administration under Chapter 733.
What happens if someone dies without a will in Southeast Florida?
If someone in Southeast Florida dies without a will, Florida's intestate succession statute (Fla. Stat. Chapter 732) decides who inherits. A surviving spouse generally inherits the entire estate when all descendants are shared, but that share changes when there are children from another relationship. Dying without a will also forfeits the ability to name your own personal representative, a guardian for minor children, or a trust for your beneficiaries.
Does Florida have an estate or inheritance tax?
Florida has no state estate tax and no state inheritance tax, so most estates in Southeast Florida owe no death tax at the state level. Only very large estates may owe federal estate tax, which applies above the federal exemption amount. Combined with Florida's homestead protections, the absence of a state estate tax is a key reason careful titling and beneficiary planning matter here.
Plan ahead for your family in Southeast Florida
Start with a free 20-minute conversation. We'll help you understand what — if anything — needs your attention, with no pressure and no obligation.
Schedule Your Free ConsultationCornerstone Wealth & Legacy Law, PLLC is licensed in the State of Florida and serves clients throughout the state. This page is attorney advertising and general information, not legal advice, and does not create an attorney-client relationship. Estate planning and probate outcomes depend on your individual facts and the proper execution of documents under Florida law.