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Probate

Probate, handled with care

When you lose someone, the last thing you need is a confusing court process. John Clarke guides South Florida families through Florida probate, start to finish, with the calm of a former nurse and the clarity of an experienced attorney.

·Flat-fee pricing·We handle the paperwork·Compassionate, plain-spoken guidance
What it involves

What probate actually involves

Probate is the court-supervised process of settling someone's estate after they pass. It can feel overwhelming at the worst possible time. John handles each step so your family doesn't have to navigate it alone.

  • Validating the will and opening the estate with the court
  • Appointing the personal representative (executor)
  • Inventorying assets and notifying creditors
  • Settling debts, final bills, and any taxes
  • Distributing what remains to the rightful heirs
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Estate documents and a fountain pen
The process

How Florida probate works

Three clear stages, with John handling the court and the paperwork at every one.

01

We open the estate

We file with the Florida probate court and get the personal representative appointed, so the estate can be administered properly.

02

We handle the details

We notify creditors, inventory the assets, and settle outstanding debts, final bills, and any taxes, keeping everything documented.

03

We close it out

We distribute what remains to the rightful heirs, correctly and on time, and bring the estate to a clean, final close.

Florida probate

Settling an estate, step by step

Probate is the legal process used to transfer a person's assets after death. Fort Lauderdale probate attorney John Clarke helps families navigate the Florida process and settle estates efficiently, making sure assets are distributed according to Florida law.

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If a loved one lived in Fort Lauderdale or elsewhere in Broward County, the probate case is typically filed in the Broward County Probate Division. John Clarke also handles probate cases in Palm Beach and Miami-Dade counties.

When there is no will

If a person dies without a will or trust, their estate is distributed to their next of kin under Florida's law of intestacy (Florida Statutes, Sections 732.101 through 732.111).

The types of Florida probate

Florida law provides for several types of probate, depending on the size and complexity of the estate. A formal administration is required for an estate that holds more than $75,000 in assets when probate is filed within two years of death. A simpler summary administration is allowed for smaller estates, or when the decedent has been deceased more than 24 months. When an estate consists of only minimal personal property, it may be settled through an even simpler process, disposition without administration, that does not require notifying the estate's creditors. For most probate matters, Florida law requires that you be represented by an attorney.

How we can help

If a loved one has recently passed away and you are unsure how to settle their estate, John Clarke offers a free, no-obligation consultation. He will walk you through your options and handle the process from start to finish, so your family can focus on what matters.

Client reviews

What our clients say

5.0

Rated 5.0 across 55 verified reviews on Avvo, Google & Thumbtack

John was very knowledgeable and helpful in giving advice on the handling of my father's estate. He provided a step-by-step course of action to probate the estate. I would definitely recommend him.

Nat L.

Probate · via Thumbtack

Jan 2026

I am pleased to share my highest recommendation for Clarke Law PA. From our very first interaction, John demonstrated a deep understanding of the law, communicated clearly, and gave guidance that was both practical and strategic for my needs. Every question was answered promptly, and I always felt fully informed and supported.

Heleven M.

Estate planning · via Thumbtack

Dec 2025

I am very impressed by John Clarke's skills as a lawyer and advocate. He helped me plan my estate and helped my father qualify for Medicaid long-term care. He was knowledgeable, caring, and very efficient. I would definitely use Mr. Clarke again.

Drew H.

Elder law & Medicaid · via Thumbtack

Apr 2019

Questions

Probate questions

Straight answers for a hard time.

Do we even need probate?

Not always. Some assets pass outside probate (joint accounts, beneficiary designations, certain trusts). If you're not sure, John will review the situation and tell you straight whether probate is required.

How long does Florida probate take?

A simple, uncontested estate often resolves in a few months; larger or contested estates take longer. We move it along as fast as the court allows and keep you updated at every step.

What does probate cost?

We discuss fees openly before we start, and probate work is typically billed on a flat or clearly explained basis. There are no surprises.

What if there is no will?

Florida law decides who inherits when there's no will. John handles intestate estates the same careful way, making sure the right heirs are identified and the estate is settled correctly.

Do I work with John directly?

Yes. You reach John himself, not a call center or a junior associate. As a former nurse, he brings calm and compassion to families during a hard time.

Can you help if the family disagrees?

Yes. When heirs or creditors dispute an estate, John protects the personal representative and works toward a fair, lawful resolution.

Still have questions?

Call or schedule a free consultation. John will walk you through it.

From the blog

Probate reading

Probate·June 9, 2026

Getting Paid for Caregiving from a Decedent's Estate

Florida law allows caregivers to recover compensation from estates through written agreements, quantum meruit, or unjust enrichment claims.

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Probate·May 18, 2026

Missing Persons Under Florida Law

Florida law provides procedures for managing missing persons' property and obtaining judicial declarations of death after prolonged absence.

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Probate·May 5, 2026

Florida 2026 Probate Code: Update

HB 1337 modernizes Florida probate law with expanded summary administration, increased financial thresholds, and enhanced personal representative authority.

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Probate·May 13, 2024

Florida Uniform Heirs Property Act

Florida's 2020 law allows heirs to purchase other heirs' property shares through court-supervised sales rather than forced partition.

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Probate·January 18, 2023

Florida's Slayer Statute Explained

Florida's slayer statute prevents anyone who intentionally kills another from inheriting the victim's estate.

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Probate·December 29, 2020

Will Contests in Florida

The legal grounds for challenging a Florida will — lack of capacity, undue influence, fraud, forgery, and improper execution — plus who may contest and the burden of proof.

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Probate

Can a House be Sold During a Florida Probate

Real estate can be sold during Florida probate depending on property type, will provisions, and court approval requirements.

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Probate

How Long Does Probate Take in Florida

Florida probate timelines vary from one to three months for summary administration to six months to one year for formal administration.

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How to Avoid Probate in Florida

Probate can often be avoided through proper estate planning using tools like Lady Bird deeds, beneficiary designations, and revocable living trusts.

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Simple Ways to Avoid a Florida Probate

Probate is time-consuming and expensive; Florida law offers several low-cost alternatives to avoid it.

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What Happens When Someone Dies Without a Will

When someone dies without a will in Florida, state law determines who inherits the estate and how property is distributed through intestacy rules.

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Free consultation

Get the guidance your family deserves

Talk to John directly about your situation. The first consultation is free, and there is no pressure to continue.

Free, no-obligation consultation

Get in touch

Tell John about your situation

No call center and no junior associate. You reach John directly. The first consultation is free, and there is no obligation.

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Clarke Law, P.A. office in Fort Lauderdale
Call(954) 556-8952Emailjohn@clarkelawpa.com
Office1975 E. Sunrise Blvd., Suite 626, Fort Lauderdale, FL 33304Get directions
HoursMon to Fri, 8am to 6pm. Evenings and weekends by appointment.

Serving clients across Broward, Miami-Dade, and Palm Beach counties.