How probate works for real estate in Broward County's 17th Judicial Circuit: filing fees, timelines, homestead rules, and what delays the process.
By Ty Stevenson, Founder of InTym Properties
When a property owner dies in Broward County, their real estate typically has to pass through probate before it can be sold or transferred to heirs. The probate process in Broward runs through the 17th Judicial Circuit Court, located at 201 SE 6th Street in Fort Lauderdale, and it follows the Florida Probate Code (Chapters 731-735 of the Florida Statutes) plus local procedures specific to Broward County.
In Broward County, probating a will that includes real estate follows one court sequence: file the petition and will with the 17th Judicial Circuit Court, get Letters of Administration, let the 90-day creditor claim window run, pay valid claims, then petition for discharge. Formal administration takes 6 to 12 months.
This guide covers the three probate tracks, the filing fees, the timeline you can expect, and the special rules that apply to homestead property.
Florida law establishes three levels of probate, and Broward County follows the same structure:
Formal administration is the most common and thorough form of probate. It's required when the estate's non-exempt assets exceed the summary administration threshold, or when the death occurred within the past two years. The court appoints a personal representative (PR) to manage the estate: inventorying assets, notifying creditors, paying debts, filing tax returns, and distributing assets to beneficiaries.
Florida law requires attorney representation for formal administration in nearly all cases. The attorney files the petition electronically through the Florida Courts E-Filing Portal.
Summary administration is a shorter, simplified process available when the estate's non-exempt assets are at or below the statutory threshold. As of July 1, 2026, Florida CS/SB 1500 raised the threshold to $150,000 for decedents who die on or after that date. For deaths before July 1, 2026, the threshold remains $75,000. Summary administration is also available regardless of estate size if more than two years have passed since the date of death.
Summary administration does not require appointment of a personal representative, which significantly shortens the timeline.
This is the lightest process, available only when the estate consists entirely of property exempt from creditor claims and non-exempt personal property that doesn't exceed the sum of funeral expenses and medical/hospital costs from the last 60 days of the decedent's final illness. It's rare and typically doesn't apply to real estate.
Filing fees are set by the Broward County Clerk of Courts and are current as of 2026:
| Track | Filing Fee |
|---|---|
| Formal Administration | $401 |
| Summary Administration (estate $1,000+) | $346 |
| Summary Administration (estate under $1,000) | Varies |
These are court filing fees only. They do not include attorney fees, which are the largest cost in most probate cases. Attorney fees for formal administration in Broward typically range from $3,000 to $8,000+ depending on the estate's complexity, the number of creditors, and whether disputes arise among heirs.
Formal administration in Broward County typically takes 6 to 12 months from filing to estate closure. The timeline breaks down roughly like this:
Month 1: The nominated personal representative files the Petition for Administration, the original will, the death certificate, and the oath of personal representative. The court enters an Order of Admission (if there's a will) and issues Letters of Administration, which give the PR legal authority to act on behalf of the estate.
Months 1-3: The PR inventories the estate's assets, publishes notice to creditors, and notifies known creditors directly. Florida law requires a 90-day creditor claim period: creditors have three months from the date of publication to file claims against the estate. This is the single biggest driver of the timeline. You cannot close the estate until the creditor window expires.
Months 3-6: The PR pays valid creditor claims, files any required tax returns (including the estate tax return if applicable), and prepares for distribution to beneficiaries.
Months 6-12: The PR distributes assets to beneficiaries, files a final accounting, and petitions the court for discharge. Once the court enters the Order of Discharge, the estate is closed.
Summary administration is significantly faster because there's no personal representative appointment and no mandatory 90-day creditor claim window. The petitioner files a Petition for Summary Administration, the court reviews it, and if approved, issues an Order of Summary Administration that allows the property to be distributed to heirs. Most summary administration cases in Broward close within 4 to 8 weeks of filing.
Florida's homestead laws (Article X, Section 4 of the Florida Constitution) provide special protections for a decedent's primary residence. Homestead property passes outside of probate: it goes directly to the surviving spouse or heirs by operation of law, not through the personal representative.
However, the homestead status must be determined by the court before the property can be sold or transferred cleanly. In Broward County, this requires filing a Petition to Determine Homestead Status, which the Probate Division reviews. The court issues an order confirming the property as homestead, which then allows the title company to insure the transfer.
This adds time. A stand-alone homestead petition can take 30-60 days to resolve, depending on the court's docket. If the homestead determination is part of a formal administration, it runs concurrently with the rest of the probate process.
Key homestead rules for real estate:
If the decedent lived in another state but owned real estate in Broward County, Florida requires an ancillary administration: a secondary probate proceeding in Florida to handle the Florida property. This runs alongside the primary probate in the decedent's home state. Ancillary administration follows the same formal/summary track structure but is limited to the Florida assets.
Ancillary administration adds time and cost because you're running two probate proceedings simultaneously. If the Florida property is the only out-of-state asset and the estate is small enough, summary ancillary administration can often be completed in 6-8 weeks.
For the heir or personal representative managing all of this from another state, the out-of-state inheritance post covers the remote side: securing the property, coordinating cleanout and contractors, and closing without travel.
Several things commonly slow down probate in Broward County:
Missing or contested wills. If the original will cannot be located, or if heirs dispute its validity, the court must resolve the dispute before the estate can proceed. Will contests can add 3-12 months.
Creditor claims. The 90-day creditor window is mandatory in formal administration. If creditors file claims that the PR disputes, resolving those disputes can add months.
Multiple heirs who disagree. If beneficiaries can't agree on whether to sell the property, how to price it, or who should receive what, the PR may need court intervention to resolve disputes.
Title defects. If the property has title issues, unrecorded deeds, unresolved liens, or boundary disputes, the title company won't insure a sale until they're resolved. This can require additional court orders or quiet title actions.
Homestead determination delays. If the court's probate docket is backed up, the homestead petition can take longer than the typical 30-60 days.
A house that sits empty. Probate homes frequently sit vacant for the entire process, and an unsecured empty house invites problems, including squatters. The Florida squatters post covers the removal options if the estate's property has picked up an occupant.
Once the court grants authority, either through Letters of Administration (formal) or an Order of Summary Administration, the property can be sold. The personal representative (or the beneficiaries in summary administration) signs the deed at closing.
Cash buyers are particularly well-suited for probate properties because they can close quickly once court authority is obtained, and they don't require the appraisal or financing contingencies that can complicate a probate sale. If heirs want to sell quickly to settle the estate and distribute proceeds, a cash offer eliminates the risk of a financed buyer's loan falling through during the 30-45 day escrow period.
One wrinkle worth flagging early: if the decedent's home carried a reverse mortgage, the loan came due at death and the servicer's clock is already running, independent of the probate timeline. The reverse mortgage post covers the heir options and deadlines.
The same applies when the mortgage on the estate's property was already in default: the lender's foreclosure case does not pause for probate, and the personal representative can end up defending both proceedings at once. The Florida foreclosure timeline post covers the judicial sequence the estate would be facing.
If you're dealing with a probate property in Broward County and want a written cash offer, email hello@intymproperties.com or call/text (650) 540-1854. InTym Properties works with personal representatives and heirs to close on your timeline once court authority is in place.
In Broward County, formal administration typically takes 6 to 12 months from filing to estate closure, driven largely by Florida's mandatory 90-day creditor claim period. Summary administration, available for estates at or below the $150,000 threshold for deaths on or after July 1, 2026, usually closes within 4 to 8 weeks.
Broward County Clerk of Courts filing fees are $401 for formal administration and $346 for summary administration on estates of $1,000 or more. Attorney fees are the largest cost: formal administration in Broward typically runs $3,000 to $8,000 or more depending on the estate's complexity, creditors, and disputes among heirs.
Florida homestead property passes outside probate to the surviving spouse or heirs by operation of law, but the court must still determine homestead status before the property can be sold cleanly. In Broward County that requires a Petition to Determine Homestead Status, which typically takes 30 to 60 days to resolve.
Yes, once the court grants authority. In formal administration the personal representative sells under their Letters of Administration; in summary administration the beneficiaries can sell after the court's order. Cash buyers are often used for Broward County probate sales because they close quickly once authority is in place, without appraisal or financing contingencies.
The formal-administration sequence in Broward: file the petition and the will with the 17th Judicial Circuit Court, the court admits the will and issues Letters of Administration to the personal representative, notice to creditors runs (the 90-day claim period), the representative inventories assets and pays valid claims and taxes, then petitions for discharge and distributes what remains. Real estate can be sold mid-process once the representative holds letters; the full timeline runs 6 to 12 months for formal administration.
Estate administration is the whole job: collecting assets, paying debts, filing the final tax returns, distributing to heirs. Probate is the court-supervised part of it. In Broward County, 'probate and estate administration' usually means the formal proceeding in the 17th Judicial Circuit, though smaller estates can settle through summary administration, a shortened version that skips most of the formal steps.
Written offer usually within 48 hours, signed by InTym Properties, every number shown. No repairs, no fees, no obligation.
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