After a death in Palm Beach, families often ask whether they really need to hire a lawyer to handle probate, or whether they can do it themselves to save money. The honest answer depends on the type of administration and a specific Florida rule that surprises many people. Here is what you should know.
Does Florida require a lawyer for probate?
Often, yes. Under the Florida Probate Rules, a personal representative in a formal administration must be represented by a Florida-licensed attorney, unless the personal representative is the sole interested person. This is not optional in most Palm Beach County cases. The reasoning is that a personal representative acts on behalf of beneficiaries and creditors, which is treated as the practice of law.
When can I handle probate without a lawyer?
There are limited paths. Disposition of personal property without administration, used for very small estates with no real property and limited assets, can sometimes be done without counsel. Some summary administration filings where you are the only interested party may also proceed without a lawyer. But the moment other beneficiaries or creditors are involved, the attorney requirement usually applies.
What is the difference between summary and formal administration?
Summary administration is available in Florida when the estate’s qualifying assets are under $75,000 or the decedent has been dead for more than two years. It is faster and lighter. Formal administration is the full process with an appointed personal representative, creditor notice, and court oversight. Most estates with significant Palm Beach real estate or contested issues go through formal administration, which is where the attorney requirement bites.
What does a probate lawyer actually do?
A probate attorney prepares and files the petition, helps qualify the personal representative, gives required notice to creditors, addresses homestead and elective share questions, resolves disputes among heirs, and shepherds the estate to a clean distribution. In Palm Beach, where many estates include homestead property under Article X, Section 4 and out-of-state heirs, that guidance prevents costly mistakes.
Isn’t there a Florida estate tax I should worry about?
No. Florida has no state estate tax and no inheritance tax, so a lawyer’s role is not about minimizing a state death tax. The value is in correctly navigating the court process, deadlines, and protections built into Chapters 731-735, and in avoiding personal liability for the personal representative.
Can good planning reduce the need for probate later?
Yes. A revocable trust under Chapter 736, Lady Bird deeds on Florida real estate, payable-on-death accounts, and proper beneficiary designations can keep many assets out of probate entirely. A Palm Beach attorney can structure a plan now so your family faces less court process later.
A note for Palm Beach families
Whether you legally need a lawyer depends on the type of administration and who else has an interest in the estate. Because the formal administration attorney requirement applies in most cases, a short consultation with a licensed Florida attorney is the safest first step before you file anything with the court.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
