To choose a Florida probate attorney, hire a lawyer who practices probate regularly in the county where the estate will be administered, who explains fees in writing before you sign, and who has real experience handling creditor claims and contested matters. In Palm Beach County, that last point matters more than most families expect, because the part of probate that goes sideways is almost never the paperwork. It is the money that other people say the decedent owed.
I have administered estates where the entire process turned on whether a single creditor claim was barred on time. Picking the right attorney is less about a slick website and more about whether the person across the table understands Florida’s statutory deadlines, the personal representative’s duties, and how to close an estate without leaving the family exposed. Below is how to evaluate a probate lawyer the way a careful executor should.
Start With the Right Kind of Lawyer for the Right Kind of Estate
“Probate attorney” is a broad label. A lawyer who drafts estate plans is not necessarily the same lawyer you want litigating a will contest or fending off a hospital’s claim against an insolvent estate. Before you interview anyone, get honest about what your estate actually is.
Florida law recognizes more than one path. Small estates may qualify for summary administration under Florida Statutes Chapter 735 when the value of the probate estate, less exempt property, does not exceed $75,000, or when the decedent has been dead for more than two years. Larger or more complicated estates go through formal administration under Chapter 733, which requires a personal representative and, in most counties, an attorney. There is also disposition without administration for very small estates where assets barely cover final expenses.
Why does this matter for hiring? Because a lawyer’s fit depends on the estate. Ask yourself:
- Is there a valid will, and is anyone likely to challenge it?
- Are there known or anticipated creditor claims — medical bills, credit cards, a mortgage deficiency, a lawsuit pending against the decedent?
- Does the estate hold a business, out-of-state real property, or assets that need active management during administration?
- Is the estate possibly insolvent, meaning debts may exceed assets?
If you answered yes to creditor questions or insolvency, you want a litigator’s mindset, not just a forms-processor. That is the central reason Palm Beach families get burned: they hire on price for what looks like a routine filing, then discover the estate is a creditor battlefield.
What to Actually Look For in a Florida Probate Attorney
Local probate court experience in Palm Beach County
Probate is administered county by county through the circuit court’s probate division. Each clerk’s office and each judge has procedural quirks — how they handle hearings, what they expect in a petition, how quickly Letters of Administration issue. An attorney who appears regularly before the Palm Beach County probate division knows those rhythms. One who practices three counties away will still get there, but slower and with more friction.
Ask directly: “How many Palm Beach County estates have you handled in the last year?” Vague answers are a tell.
Genuine command of creditor claims and statutory deadlines
This is the heart of competent Florida probate, and it is where families lose money. Under Florida Statutes 733.701 through 733.710, the personal representative must publish a Notice to Creditors and serve known or reasonably ascertainable creditors directly. The deadlines are unforgiving:
- A creditor served with notice generally must file a claim within 30 days of being served, or within 3 months of the first publication of the notice, whichever is later.
- Section 733.702 sets the basic claims period; section 733.710 is a statute of repose that bars most claims not filed within 2 years of death, regardless of notice.
- If a creditor is reasonably ascertainable and is not served, that creditor may get more time — a frequent, expensive mistake when the personal representative or attorney cuts corners.
A good probate attorney treats creditor diligence as the spine of the case: searching for known creditors, serving them properly, and timing the close so the family is not chasing reimbursements years later. The challenges that surface during this phase are real and recurring; Morgan Legal’s overview of walks through how creditor disputes and contested claims complicate administration in ways that catch families off guard. Florida’s mechanics differ from New York’s, but the underlying friction is the same.
Clear, written fee arrangements
Florida is unusual in that statute addresses attorney’s fees directly. Section 733.6171 sets out a schedule of presumptively reasonable fees based on the compensable value of the estate — for example, a tiered percentage that starts higher on the first increments and tapers as the estate grows. That statutory schedule is a default and a benchmark, not a mandate. Many attorneys charge hourly or a flat fee instead, and many estates are better served that way.
The point is not which model is cheapest. The point is that a trustworthy lawyer puts the arrangement in writing, explains how extraordinary services (litigation, tax work, selling real property) are billed separately, and tells you who pays — the estate, in nearly all cases, not you personally. If a lawyer is cagey about fees in the first meeting, assume the surprises continue later.
Responsiveness and a real team
Probate is slow by design, often running six months to over a year. During that time you will have questions, creditors will surface, and deadlines will arrive. Ask who answers the phone. Ask whether a paralegal handles routine filings and whether the attorney personally reviews creditor claims and accountings. A solo who is unreachable for two weeks at a stretch is a liability when a 30-day claim clock is running.
Questions to Ask Before You Hire
- How many Florida probate estates do you handle each year, and how many in Palm Beach County specifically?
- Do you handle contested matters and creditor disputes in-house, or refer them out?
- How will I be charged — statutory percentage, flat fee, or hourly — and what counts as an “extraordinary” service billed separately?
- Who on your team will I communicate with day to day?
- Given what I have described, do you expect this estate to be solvent, and how will you handle creditor claims if it is not?
- What is your realistic timeline to issuance of Letters and to closing?
Listen for specifics. A seasoned probate attorney will already be sorting your estate into summary versus formal administration and flagging creditor exposure before you finish describing it.
Red Flags That Should End the Conversation
- Guaranteed speed. No honest lawyer promises a closed estate in 30 days. The creditor period alone forecloses that.
- No written engagement. Florida lawyers should give you a signed fee agreement. Skip anyone who won’t.
- Dismissiveness about creditors. If the attorney waves off debts as “we’ll deal with that later,” walk. Creditor handling is the case.
- One-size pricing on a complex estate. A flat fee can be fair, but not when it ignores a will contest or an insolvent estate brewing in plain sight.
- Pressure to sign immediately. Grief is not a sales lever. Reputable counsel gives you room to decide.
How Out-of-State and Multi-Office Firms Fit In
Many Palm Beach families have ties to other states — a New York condo, a parent who split the year between Florida and the Northeast, or assets that trigger ancillary administration in a second jurisdiction. When property sits in more than one state, you may need probate in each. Firms with offices in multiple states can coordinate that without you stitching together separate lawyers who do not talk to each other.
If New York is in the picture, it helps to work with counsel who handles it directly; Morgan Legal’s is an example of the kind of coordinated, multi-jurisdiction capacity that keeps ancillary matters from stalling. For the Florida side of a coordinated estate, the firm’s handles administration locally. The goal is one strategy across jurisdictions rather than two lawyers reinventing the wheel.
If your situation is squarely local, you can also review our overview of Florida probate and, for families thinking ahead, our guidance on wills and estate documents that can keep the next estate out of contested territory.
Trust the Fit, Not the Brochure
The best probate attorney for your family is the one who understands your estate’s specific weak point — and in Palm Beach, that weak point is usually creditors and claims. Hire someone who treats the Notice to Creditors and its deadlines as the case’s backbone, who quotes fees in writing, who shows up in your county’s probate division regularly, and who answers the phone. Get the fit right and probate becomes a process you manage. Get it wrong and it becomes a problem you inherit.
If you are weighing whom to hire for a Palm Beach estate, reach out for a consultation and bring your questions — especially the ones about debts.
Frequently Asked Questions
Do I need a lawyer for probate in Florida?
In most cases, yes. Florida formal administration under Chapter 733 generally requires the personal representative to be represented by an attorney. Summary administration under Chapter 735 and disposition without administration can sometimes proceed without counsel, but even small estates benefit from legal guidance when creditor claims are possible.
How much does a Florida probate attorney cost?
Florida Statutes 733.6171 sets a schedule of presumptively reasonable fees based on the estate’s compensable value, but many attorneys instead charge a flat fee or hourly rate. Extraordinary services like litigation, tax work, or selling real property are usually billed separately. In nearly all cases the estate, not the personal representative personally, pays these fees. Always get the arrangement in writing.
How long does probate take in Palm Beach County, Florida?
Most formal administrations run roughly six months to over a year. The creditor claim period alone — generally three months from first publication of the Notice to Creditors — sets a floor on how quickly an estate can close. Contested matters or creditor disputes can extend the timeline considerably.
What should I ask a probate attorney before hiring them?
Ask how many Florida and Palm Beach County estates they handle annually, whether they handle contested matters and creditor disputes in-house, how they charge, who you will communicate with day to day, and whether they expect your estate to be solvent. Specific, confident answers signal real probate experience.
Why does creditor-claim experience matter when choosing a probate lawyer?
Creditor handling is where Florida estates most often go wrong. Under Florida Statutes 733.701 through 733.710, the personal representative must publish notice and serve reasonably ascertainable creditors, with claims generally barred after the statutory period or two years from death. An attorney who mismanages these deadlines can leave the family exposed to claims long after they expected the estate to be closed.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
