Do You Need a Lawyer for Probate?

If you have just lost a loved one in Palm Beach, you may be wondering whether you can settle the estate yourself or whether you need to hire a probate attorney. The honest answer in Florida is: it depends on which type of administration the estate requires. Below we compare your realistic options so you can decide with open eyes.

Option 1: Handle It Yourself (Limited to Disposition Without Administration)

Florida does allow one truly do-it-yourself path. Under the Florida Probate Code (Chapters 731 through 735), ‘disposition of personal property without administration’ lets a survivor recover a small estate that consists only of exempt personal property and limited assets used to pay final expenses, with no real estate involved. This is filed at the Palm Beach County Clerk’s office without opening a formal case. It is narrow, but if it fits, you generally do not need a lawyer.

Option 2: Summary Administration (Often Possible Without a Lawyer)

Summary administration is available when the value of the probate estate (excluding exempt property like Florida homestead) is $75,000 or less, or when the decedent has been dead for more than two years. It is faster and cheaper than the full process. While you are not strictly required to hire counsel for summary administration, the petition must be signed by all beneficiaries, and homestead and creditor issues frequently trip up self-represented petitioners. Many Palm Beach families use a lawyer for a flat fee here simply to avoid a rejected petition.

Option 3: Formal Administration (A Lawyer Is Effectively Required)

Most estates of meaningful size go through formal administration. Here Florida law removes the choice: Florida Probate Rule 5.030 requires that a personal representative be represented by an attorney unless the personal representative is the sole interested person. For a typical Palm Beach estate with multiple heirs, a surviving spouse, and adult children, that means counsel is mandatory, not optional. The attorney handles the petition, letters of administration, the notice to creditors, the 90-day creditor claim period, and the final accounting.

Where the Stakes Push You Toward Counsel

Several common Palm Beach scenarios make a lawyer worthwhile even when one is not technically required:

• Homestead property. Florida’s constitutional homestead protection (Article X, Section 4) passes the residence outside the probate estate to certain heirs and shields it from most creditors. Getting the homestead determination right protects the family home.
• A surviving spouse. The elective share statute (Section 732.2065 and following) entitles a spouse to 30% of the elective estate. Calculating and protecting that share is technical work.
• Will contests or unclear wills. A will valid under Section 732.502 needs two witnesses; defects invite litigation.
• Assets that should have avoided probate. A Lady Bird (enhanced life estate) deed or a revocable trust under Chapter 736 may mean fewer assets are in probate than you think.

One Piece of Good News for Florida Families

Whatever path you choose, Florida imposes no state estate tax and no inheritance tax. That removes a layer of complexity many out-of-state heirs expect. Your focus stays on proper administration, not state death taxes.

The Bottom Line

Comparing the options: disposition without administration and summary administration can sometimes be done alone; formal administration almost always requires a Florida attorney by rule. The real question is not whether you are allowed to go it alone, but whether the estate’s complexity makes that wise.

This article is general information, not legal advice. Florida probate rules and deadlines are specific to your facts. Before filing anything with the Palm Beach County court, consult a licensed Florida probate attorney to confirm the right path for your situation.