Overview
Broward County is the second-most-populous county in Florida, with approximately 1.95 million residents. The Seventeenth Judicial Circuit Court, Probate Division handles all estate matters for individuals who were domiciled in Broward County at the time of death. The court is located at the Broward County Courthouse in downtown Fort Lauderdale.
Florida probate provides two primary pathways: Formal Administration (required for estates valued over $75,000 or when the decedent passed away less than two years ago) and Summary Administration (available for estates $75,000 or less, or when the decedent has been dead for more than two years). Broward County also processes petitions for Disposition of Personal Property Without Administration for very small estates.
Key Florida probate features include no state estate or inheritance tax, special homestead property protections, the surviving spouse's right to a 30% elective share of the augmented estate, and the requirement that the personal representative be a Florida resident or a close relative of the decedent. E-filing is mandatory in Broward County through the Florida Courts E-Filing Portal.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the court or a qualified attorney.
Courthouse Information
Broward County Courthouse — Probate Division
The Probate Division of the Seventeenth Judicial Circuit Court is located in the Broward County Courthouse in downtown Fort Lauderdale.
Address: 201 SE 6th Street, Fort Lauderdale, FL 33301
Phone: (954) 831-6565
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division handles estates, guardianships, and trust litigation. Cases are assigned to individual probate judges within the division.
Parking and Access
Paid parking garages are available near the courthouse. Broward County Transit bus routes serve the downtown Fort Lauderdale area. Visitors should plan for security screening and bring a valid photo ID.
Filing Process
Step 1: Determine the Type of Administration
- Formal Administration: Required for estates exceeding $75,000 in value, or when the decedent died less than two years ago.
- Summary Administration: Available for estates of $75,000 or less (excluding exempt property), or when the decedent has been dead for more than two years.
- Disposition Without Administration: For estates with only exempt property or assets insufficient to cover final expenses.
Step 2: E-File the Petition
Broward County requires e-filing through the Florida Courts E-Filing Portal (myflcourtaccess.com).
Required documents include:
- Petition for Administration or Summary Administration
- Original will (deposited with the clerk)
- Certified death certificate
- Oath of Personal Representative (for formal administration)
- Filing fee payment
Step 3: Notice to Creditors
For formal administration, the personal representative must:
- Publish a Notice to Creditors in a Broward County approved newspaper for two consecutive weeks
- Serve known or reasonably ascertainable creditors directly
- The creditor claims period runs 3 months from the date of first publication
Step 4: Letters of Administration
Once approved, the court issues Letters of Administration or Letters Testamentary. The personal representative can then manage estate assets, open estate bank accounts, and handle estate business.
Step 5: Administration and Closing
- File an inventory within 60 days of appointment
- Pay valid creditor claims and expenses
- File a final accounting
- Petition for discharge after distributing assets to beneficiaries
Local Requirements
Broward County-Specific Procedures
- E-filing is mandatory through the Florida Courts E-Filing Portal.
- Original wills must be deposited with the Broward County Clerk of Courts. Do not staple, highlight, or attach anything to the original will.
- Notice to Creditors must be published in a Broward County approved newspaper for two consecutive weeks.
- Inventory must be filed within 60 days of appointment.
- Accounting is required before the estate can be closed.
- The Seventeenth Judicial Circuit has local administrative orders that may impose additional requirements on probate filings.
Homestead Property
Florida's homestead protections apply to Broward County real property:
- Homestead generally cannot be devised if the decedent is survived by a spouse or minor child
- The surviving spouse may elect a life estate or a one-half interest as tenants in common
- Homestead is exempt from forced sale and most creditor claims
Elective Share
The surviving spouse may claim 30% of the augmented estate. The election must be filed within the earlier of six months after receiving the Notice of Administration or two years after death.
Personal Representative Requirements
The personal representative must be a Florida resident or a close relative of the decedent (spouse, sibling, parent, child, or other relative as defined by statute).
Timeline & Fees
Filing Fees (Broward County)
- Formal Administration petition: approximately $395
- Summary Administration petition: approximately $340 (estates over $1,000) or $230 (estates $1,000 or less)
- Disposition Without Administration: approximately $230
- Notice to Creditors publication: approximately $150-$250
- Certified copies: approximately $2.00 per page
Fees are set by Florida statute (Chapter 28) and may be updated. Contact the clerk's office for current amounts.
Payment Methods
E-filing payments are processed electronically with a convenience fee. The clerk's office also accepts cash, checks, money orders, and credit/debit cards for in-person transactions.
Estimated Timelines
- Summary Administration: 1-3 months
- Simple formal estates: 6-9 months
- Average formal estates: 9-12 months
- Complex or contested estates: 12 months to several years
The minimum formal administration timeline includes the 3-month creditor claims period from the first publication of the Notice to Creditors.
Local Resources
Broward County Probate Court Resources
- Clerk of Courts — Probate: browardclerk.org
- E-Filing Portal: myflcourtaccess.com
- Seventeenth Judicial Circuit: 17th.flcourts.org
Legal Aid and Attorney Referrals
- Coast to Coast Legal Aid of South Florida: (954) 736-2400
- Broward County Bar Association Lawyer Referral Service: (954) 764-8040
- Florida Bar Lawyer Referral Service: 1-800-342-8011
Publication
- Daily Business Review: Approved for legal notices in Broward County
- Sun Sentinel: Check with the clerk for current approved publications