Broward County Probate Process for Real Estate: Timeline and Costs

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.

This guide covers the three probate tracks, the filing fees, the timeline you can expect, and the special rules that apply to homestead property.

The Three Probate Tracks

Florida law establishes three levels of probate, and Broward County follows the same structure:

Formal Administration

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

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.

Disposition Without Administration

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 in Broward County

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.

The Timeline

Formal Administration: 6-12 Months

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: 4-8 Weeks

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.

Homestead Property: A Special Case

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:

• The property must have been the decedent's primary residence to qualify.
• Homestead property is exempt from most creditor claims (with exceptions for mortgages, mechanics' liens, and property taxes).
• If the decedent was survived by a spouse and minor children, the spouse gets a life estate and the children get the remainder — this can complicate a sale.
• If the decedent was survived by a spouse and no minor children, the spouse takes the property outright.

Ancillary Administration for Out-of-State Owners

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.

Common Delays

Several things commonly slow down probate in Broward County:

1. 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.

2. 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.

3. 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.

4. 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.

5. Homestead determination delays. If the court's probate docket is backed up, the homestead petition can take longer than the typical 30-60 days.

Selling Probate Property

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.

If you're dealing with a probate property in Broward County and want a written cash offer, call or text (650) 540-1854. We work with personal representatives and heirs to close on your timeline once court authority is in place.