The Probate Process in Broward County, Florida

Overview

Broward County is Florida's second-most populous county, home to Fort Lauderdale and a string of coastal communities stretching from Deerfield Beach to Hollywood. The county's mix of waterfront condos, suburban single-family homes, and planned communities like Weston and Parkland means inherited properties here come in every variety and price range.

With property values often running high in Broward County, most estates that include real property will need to go through formal probate administration.

The 17th Judicial Circuit

Probate cases in Broward County are filed with the 17th Judicial Circuit Court. The main courthouse is located at 201 SE 6th Street, Fort Lauderdale, FL 33301. The Probate Division handles estate administration, guardianship, and trust litigation.

The 17th Circuit is among the busiest in the state and has specific local administrative orders that govern probate practice. The Broward County Clerk of Court provides electronic filing and online case access. Attorneys familiar with the 17th Circuit's local rules and judge preferences can navigate the system more efficiently.

Types of Administration

Summary Administration

For estates valued at $75,000 or less (excluding homestead) or when death occurred more than two years ago. Given Broward County's high property values, summary administration is less common here than in other parts of the state. Processing time is typically 6 to 10 weeks.

Formal Administration

The standard route for estates with Broward County real property. A personal representative is appointed, a Notice to Creditors is published in a Broward-approved publication, and the mandatory 90-day creditor period begins. The representative then has authority to manage and sell estate assets.

Timeline

• Summary Administration: 6 to 10 weeks in Broward County.
• Formal Administration: 8 to 14 months. The 17th Circuit's high caseload and the complexity of many Broward estates can extend timelines beyond the state average.

Estates with condo association complications, foreign heirs, or creditor disputes frequently take longer. The 17th Circuit also has a higher-than-average rate of contested probate cases, reflecting the county's diverse and sometimes complex family structures.

Selling Property During Probate

Broward County's real estate market is strong and diverse, with demand from both domestic buyers and international investors. Special considerations when selling inherited property here include:

• Condo associations — Many Broward properties are condos with association approval requirements, right of first refusal clauses, and potentially high outstanding assessments. These must be addressed before closing.
• Flood insurance — Coastal properties may require flood insurance, affecting buyer financing and timeline.
• Foreign investment rules — Broward's international buyer pool means FIRPTA withholding may apply when foreign nationals are involved in the transaction.
• Property condition — Salt air and humidity in coastal communities can accelerate wear on older properties. A cash sale as-is avoids repair negotiations.

Tips for a Smooth Process

• Retain a probate attorney who regularly appears before the 17th Circuit
• Start condo association paperwork early if the property is in an association
• Address any outstanding code violations or HOA assessments before listing
• Consider a cash offer to bypass condo approval delays and financing contingencies
• Contact us for expert guidance on selling inherited property in Broward County