West Palm Beach Probate Attorney

Palm Beach County estates often involve people who are not in Palm Beach County. The parent who died may have wintered in Boca Raton for twenty years, while the children who now have to settle things live in New Jersey or Ohio. The Fifteenth Judicial Circuit, which serves this county alone, has made probate here largely a paper and electronic process, which suits families who cannot be in court. It also means the filings have to be right the first time, because there is no quick appearance before a judge to fix them.

Communities we serve in Palm Beach County

• West Palm Beach
• Boca Raton
• Delray Beach and Boynton Beach
• Palm Beach Gardens
• Jupiter and Tequesta
• Wellington and Royal Palm Beach
• Lake Worth Beach

Getting the original will to the Clerk

Under section 732.901, Florida Statutes, the person holding an original will must deposit it with the clerk within 10 days after learning of the death. The Palm Beach Clerk's guidance is that a will can be deposited without charge. The circuit's own self help packet adds an important practical point: the original death certificate and the original will must be mailed or hand delivered to the Probate Division and cannot be filed electronically. The mailing address the packet gives is Probate, P.O. Box 4667, West Palm Beach, FL 33402, and the in person counter at the Main Courthouse, 205 N. Dixie Highway, is Room 3.23. Send originals by a trackable method and keep copies.

Clerk fees to open an estate

The Clerk's FAQ also notes that Florida law requires a person to be represented by an attorney to file for formal administration.

How filings reach the judge

The Fifteenth Circuit has suspended its ex parte probate docket. Instead of walking a simple order into a hearing room, the attorney submits proposed orders electronically and the judge reviews the file. A hearing is still possible, and the circuit's packets warn that one may be required if the information is incomplete. To keep a file moving, the circuit publishes checklists for the filings it sees most often. Several were revised on June 24, 2026:

Summary or formal administration

Summary administration is generally available when the non exempt estate is $150,000 or less, raised from $75,000 by chapter 2026-57 effective July 1, 2026, or when the person died more than two years ago. Palm Beach is one of the counties that has already caught up: the circuit law library's summary administration packets, revised in July 2026, use the $150,000 figure. If you downloaded a packet before then, replace it. A summary petition must also deal with creditors directly. It states either that all claims are barred or that a diligent search was made, and it lists each known creditor and how that debt will be paid.

The house: homestead, sale and title

For many Palm Beach families the house is the largest asset, and it is handled in one of two ways. If it was the decedent's protected homestead, a petition to determine homestead asks the court to confirm that it passed directly to the heirs outside the reach of most creditors. The circuit's glossary notes a point that surprises families: property held as tenants by the entireties or as joint tenants with survivorship is not protected homestead for probate purposes, because it passes to the survivor by title. If the house is an estate asset that must be sold, the circuit has a separate checklist for a petition to sell real property, and a title company will usually ask for that order or for proof that the will gives the personal representative power to sell.

In a formal administration, publication of the notice to creditors starts the claims period, generally three months from first publication. Buyers and title insurers often want that period to run before closing on a homestead sale.

Out of state personal representatives

Section 733.304 lets a nonresident serve as personal representative only if he or she is a close relative of the decedent, such as a child, parent, sibling or spouse. A personal representative generally needs a Florida attorney. Because Palm Beach handles proposed orders on paper, an out of state family member can usually serve without traveling, signing documents remotely and mailing originals.

Closing the estate

1. Resolve or pay every timely claim.
2. File a final accounting, or obtain written waivers from the beneficiaries.
3. Distribute the assets and collect receipts.
4. File the petition for discharge using the circuit's discharge checklist.

How we work with Palm Beach County clients

Personal representatives in Palm Beach County can meet with an attorney at our Fort Lauderdale office or by phone or video from wherever they live. Your first consultation is free. We work from the circuit's current checklists, prepare the petitions and proposed orders, manage the mailing of originals and guide you through to discharge. Because the firm limits its caseload, you work directly with an attorney. Our Florida probate administration page gives the statewide picture, and our Palm Beach County estate planning page covers trusts and deeds that can keep the next generation out of probate. We also help with elder law, real estate and business matters in the county, and with homestead questions. Contact us to get started.