Experienced Probate & Estate Litigation Attorneys in Fort Lauderdale
When someone passes away in Florida, their assets are administered through the probate court system. Florida law generally requires the involvement of an attorney throughout the probate process to ensure estates are properly administered and beneficiaries’ rights are protected.
Di Pietro Partners represents executors, beneficiaries, and interested parties in Fort Lauderdale and throughout Broward County, handling both routine probate administration and contested estate matters. Our attorneys help clients navigate probate efficiently while protecting their interests when disputes arise.
Probate Legal Services in Fort Lauderdale
Di Pietro Partners provides comprehensive probate and estate legal services in Fort Lauderdale, representing executors, beneficiaries, trustees, and interested parties in both routine estate matters and contested probate proceedings.
Will Contests – Disputes involving the validity of a will, including claims of undue influence, fraud, or lack of testamentary capacity.
Trust Litigation – Legal disputes involving trust administration, beneficiary rights, and alleged misconduct by trustees.
Breach of Fiduciary Duty – Claims involving mismanagement, self-dealing, or other misconduct by personal representatives or trustees.
Probate Administration – Guidance through the probate process, including court filings, creditor notices, and asset distribution in compliance with Florida law.
Trust Administration – Assistance for trustees and beneficiaries to ensure trusts are administered properly and in accordance with the terms of the trust and Florida law.
Intestate Succession (Dying Without a Will) – Representation in probate matters involving estates without a valid will, handled in accordance with Florida intestacy statutes.
Guardianship Proceedings – Legal guidance in guardianship matters involving incapacitated individuals and court-appointed guardians.
Our Fort Lauderdale probate attorneys focus on protecting clients’ interests, resolving disputes efficiently, and ensuring estates are administered properly under Florida law.
Probating a Will in Fort Lauderdale
When it comes to probating a will in Fort Lauderdale, the process is governed by Florida probate law and handled through the Broward County probate court system. Depending on the value of the decedent’s estate and the nature of the assets involved, there are three primary types of probate administration. The estate’s value is determined by calculating the total property subject to probate.
Formal Administration – This is typically the most common type of administration used in probating a will. This administration applies to estates valued over $75,000.
Summary Administration – This form of probate administration is used when the total estate value is $75,000 or less. It’s essentially an expedited version of the probate process.
Disposition Without Administration – This version of probate can only be used when the decedent did not leave behind any real estate property and the assets that can be probated are valued below the costs of probate proceedings themselves.
Dying Without a Will in Fort Lauderdale (Intestate Succession)
When someone dies without a valid will in Fort Lauderdale, their estate is considered intestate. Intestate does not mean the estate automatically belongs to the State of Florida. Instead, Florida law establishes a specific legal framework for determining how a decedent’s assets are distributed through the probate court in Broward County when no will exists.
The chart below provides a simplified overview of how Florida intestate succession laws determine who inherits an estate when someone passes away without a will.
How Assets Are Distributed Under Florida Intestate Law
Under Florida law, intestate inheritance generally follows this order:
- When the decedent is survived by a spouse and has no living children, grandchildren, or other descendants, the surviving spouse typically receives the entire estate.
- If the decedent is survived by a spouse and descendants who are also descendants of the spouse, the spouse generally receives the entire estate.
- If the decedent is survived by a spouse and descendants who are not descendants of the spouse, the estate may be divided, with the spouse receiving a portion and the remaining assets distributed to the descendants.
- When the decedent is not married at the time of death, the estate generally passes to the decedent’s descendants in accordance with Florida law.
- If there are no surviving descendants, the inheritance may pass to the decedent’s parents.
- In cases where no immediate family members survive, Florida law provides a process for identifying more remote heirs before any assets escheat to the State, meaning the property is transferred to the State only if no lawful heirs can be located.
The full intestate succession process is governed by Chapter 732 of the Florida Statutes.
Fort Lauderdale Probate Litigation Attorney
Probate litigation involves legal disputes arising during the administration of a deceased person’s estate. In Fort Lauderdale, these disputes often concern the validity of a will, the interpretation of estate documents, or conflicts over how assets are distributed among heirs and beneficiaries. Probate litigation may be initiated by beneficiaries, heirs, creditors, or other interested parties when disagreements cannot be resolved through the standard probate process.
The probate court oversees litigation proceedings, which may include hearings, discovery, depositions, and, in some cases, trial. Having experienced legal representation is critical when navigating contested probate matters.
Common types of Florida probate litigation include:
Will contests: Will contests involve disputes over the validity of a will, such as claims that the will was signed under duress or that the deceased lacked the mental capacity to execute the will.
Breach of fiduciary duty: This involves disputes over the actions of the personal representative or executor of the estate, such as allegations of mismanagement of estate assets or self-dealing.
Disputes over estate assets: This can include disputes over the valuation or distribution of estate assets, as well as disputes over ownership or title to specific assets.
Probate Litigation in Broward County Courts
Probate litigation cases in Fort Lauderdale and throughout Broward County are handled by the Seventeenth Judicial Circuit Court of Florida. These matters can be complex and highly contentious, particularly in high-value or disputed estates. Working with a Fort Lauderdale probate attorney who is experienced in estate litigation and familiar with this court system is essential to protecting your rights and interests.
Filing Probate Cases in Fort Lauderdale
Probate matters in Fort Lauderdale and throughout Broward County are administered through the Broward County Clerk of Courts, with judicial oversight provided by the Seventeenth Judicial Circuit Court of Florida. Routine probate administration filings are processed through the Clerk of Courts, while contested matters and probate litigation are heard and resolved within the judicial circuit.
Di Pietro Partners represents clients in both probate administration and estate litigation matters and is familiar with the local filing procedures, court requirements, and judicial processes applicable to Broward County probate cases.
Broward County Judicial Complex
201 SE 6th Street
Fort Lauderdale, FL 33301
Court System:
Broward County Clerk of Courts
Seventeenth Judicial Circuit Court of Florida
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Trust Administration in Fort Lauderdale
Trust administration involves managing and distributing assets held in a trust in accordance with the terms of the trust document and Florida law. Trustees have a fiduciary duty to act in the best interests of the beneficiaries, and failure to do so can lead to disputes or litigation.
Di Pietro Partners represents trustees and beneficiaries in Fort Lauderdale and throughout Broward County, assisting with both routine trust administration matters and contested trust issues.
Common Types of Trusts in Florida
Living Trusts – The most common type of trust, which may be revocable or irrevocable, and is used to manage assets during a person’s lifetime and distribute assets after death.
Testamentary Trusts – Trusts created through a will that take effect after the decedent’s death and are administered as part of the probate process.
Domestic Asset Protection Trusts (DAPT) – Trusts designed to protect assets from certain creditor claims and, in some cases, marital disputes.
Talk With a Fort Lauderdale Probate & Estate Litigation Lawyer
Di Pietro Partners is an AV Preeminent® rated law firm representing clients in probate, estate administration, and estate litigation matters throughout Fort Lauderdale and Broward County. Our attorneys handle both straightforward probate cases and complex disputes involving contested wills, trusts, and fiduciary misconduct.
If you are dealing with probate, inheritance issues, or an estate dispute, our Fort Lauderdale probate attorneys can help you understand your options and protect your interests at every stage of the process.
Fort Lauderdale Office Location
Di Pietro Partners
901 East Las Olas Boulevard
STE 202
Fort Lauderdale, FL 33301
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