Probate Lawyer Boca Raton, Florida

Filing probate in Palm Beach County

Boca Raton probate cases are filed with the Palm Beach County Clerk of Court and heard in the 15th Judicial Circuit Court. The probate division operates out of the main courthouse at 205 N. Dixie Hwy, West Palm Beach. Florida offers four primary administration paths; the right one depends on estate value, time since death, and asset type.

Formal administration. The default path for most Florida estates. A personal representative is appointed, creditors are noticed, assets are inventoried, debts and taxes are paid, and remaining assets are distributed to beneficiaries. Court supervision throughout. Typical timeline 6 to 9 months for an uncontested case.

Summary administration. Available under Florida Statute 735.201 when the decedent's non-exempt estate value is under $75,000, or when the decedent has been deceased for more than two years. Streamlined process, no personal representative appointment required, no full creditor period. Typical timeline 4 to 8 weeks.

Ancillary administration. Required when an out-of-state decedent owned Florida real property. The primary probate runs in the decedent's home state; the ancillary probate handles the Florida property under Florida law. Common in Boca Raton given the large population of seasonal residents and out-of-state property owners.

Disposition without administration. Available in narrow circumstances when assets are limited to exempt property and reimbursement of last expenses. Most Boca Raton estates don't qualify.

Probate scenarios common in Boca Raton

Boca Raton's resident profile creates several distinct probate administration scenarios.

High net worth retirees. Boca Raton has one of South Florida's highest concentrations of retired high net worth households. Estates often include investment accounts, brokerage holdings, business interests held outside Florida, and multiple real estate assets. The personal representative role can require sophisticated asset valuation, tax coordination, and beneficiary distribution planning.

Country club communities. Estates that include property in communities like Boca West, Broken Sound, St. Andrews, Royal Palm Polo, The Polo Club, or Woodfield often have unique transfer considerations. Many of these communities have equity certificate requirements, transfer fees, or membership-related provisions that need coordination during estate administration.

Out-of-state primary residents with Boca property. Many Boca Raton properties belong to residents whose primary domicile is New York, New Jersey, Pennsylvania, Massachusetts, or Connecticut. When the owner passes, the Florida property requires ancillary administration in Palm Beach County alongside the primary probate in the home state.

Multi-state estates. Even Boca Raton primary residents often hold assets, businesses, or property in their state of origin. Coordinating Florida probate with assets and accounts held in other jurisdictions is standard work for South Palm Beach County estates.

Estates with active business interests. Boca Raton's substantial business owner and professional community means estates frequently include LLC interests, corporate stock, partnership interests, and intellectual property. These assets often require independent valuation and operational continuity planning during administration.

Types of Florida probate administration

Our piece on avoiding probate in Palm Beach County covers the planning options that keep estates out of full administration.

The biggest probate mistakes Boca Raton families make

Waiting too long to file. Florida Statute 733.702 imposes a strict creditor claim period that starts when notice of administration is published. Delaying probate doesn't reduce risk; it often extends it and complicates asset preservation.

Not securing real property and digital assets immediately. Vacant Boca Raton properties need insurance, utilities, security, and HOA dues maintained from day one. Digital accounts (email, brokerage, cryptocurrency) need access preserved before passwords expire or accounts are frozen.

Skipping ancillary administration when there's out-of-state property. Florida courts can't transfer real property located in other states. Multi-state estates require coordinated probate in each state where real estate is held.

Acting as personal representative without counsel. Florida Statute 733.6171 effectively requires representation for non-attorney personal representatives in formal administration. The personal representative carries personal liability for errors in distribution, creditor handling, and tax filings.

Distributing assets before the creditor period closes. Distributing to beneficiaries before the 3-month creditor period expires (after publication of notice) creates personal liability for the personal representative if valid creditor claims arrive after distribution.

Probate costs and personal representative fees

Florida probate has three main cost categories.

Court and publication costs. Filing fees in the 15th Judicial Circuit run a few hundred dollars. Notice of administration must be published in a local newspaper of general circulation, adding several hundred dollars. Certified copies of letters of administration, bond premiums (where applicable), and recording fees add to the baseline cost.

Personal representative compensation. Florida Statute 733.617 sets a reasonable fee schedule for personal representatives based on the value of the estate, with extraordinary services compensated separately. Many Boca Raton estates involve a personal representative who is a family member; they may waive compensation or take a reduced amount.

Attorney fees. Florida Statute 733.6171 governs reasonable attorney compensation for probate administration. The fee schedule is tied to estate value, with separate compensation available for extraordinary services such as will contests, tax matters, litigation, and complex business or real estate transactions during administration. All attorney fees are subject to court approval.

Why work with Kelley, Grant & Tanis, P.A.

Brett Halperin leads the firm's probate, estate planning, trust administration, asset protection, and elder law practice. Brett earned his JD from the University of Florida Levin College of Law and his Bachelor's in Economics from the University of Florida, where he was a member of Florida Blue Key. He's a member in good standing of the Florida Bar. Full attorney bios on our attorneys page.

Our Boca Raton office is local. Personal representatives, beneficiaries, and out-of-state co-counsel can meet with us in person at:

• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432
• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401

For Boca Raton families and out-of-state attorneys handling primary probate, the Camino Gardens office sits a short drive from most of Boca and Delray. In-person meetings with the personal representative for initial intake and document signing are standard; ongoing administration is handled by counsel without requiring repeated client appearances.

Our probate practice integrates with the firm's estate planning, trust creation, asset protection, and real estate practices.

Frequently Asked Questions