When a loved one passes away in Palm Beach, the last thing your family wants is to feel lost inside an unfamiliar legal process. One of the first questions we hear is simple and very human: do we actually need a lawyer for this? The honest answer depends on the type of administration and the situation your family is facing.
What Probate Actually Involves in Florida
Probate is the court-supervised process of gathering a person’s assets, paying valid debts, and distributing what remains to the rightful heirs or beneficiaries. In Florida, it is governed by the Florida Probate Code (Chapters 731 through 735) and handled through the circuit court for the county where the person lived. For Palm Beach families, that means the Palm Beach County probate division.
When Florida Law Requires an Attorney
For formal administration, Florida law generally requires the personal representative to be represented by a licensed attorney. This is the standard process for larger or more involved estates, and it exists to protect everyone with an interest in the estate. So if your loved one’s estate proceeds through formal administration, an attorney is not optional in most cases.
There is a narrow exception: a personal representative who is the sole interested person may sometimes proceed without counsel. But that is uncommon, and most families benefit from guidance regardless.
Summary Administration and Smaller Estates
Florida offers a streamlined path called summary administration, available when the estate’s non-exempt assets are valued at $75,000 or less, or when the person has been deceased for more than two years. While you are not always strictly required to have a lawyer for summary administration, the petition, asset descriptions, and notices to creditors still must be done correctly. A small error can stall the case for weeks.
There is also disposition without administration, a limited option for very modest estates where assets only cover final expenses and exempt property.
When Assets May Skip Probate Entirely
Not everything goes through probate. In Palm Beach, where many families own a home as their primary residence, the Florida homestead protection under Article X, Section 4 of the state constitution often passes the residence to a spouse or heirs outside the standard probate process. Similarly, a Lady Bird deed (enhanced life estate deed), assets held in a revocable trust under Chapter 736, jointly titled property, and accounts with named beneficiaries typically avoid probate. A lawyer can help you identify what truly needs court involvement.
Why Many Palm Beach Families Choose Counsel Anyway
Even when the law does not strictly require it, families often find peace of mind in having someone handle the deadlines, creditor notices, and court filings. Probate carries personal responsibility for the personal representative, and mistakes can lead to delay or liability. Good counsel lets you focus on grieving and on each other, not on paperwork.
A Gentle Word Before You Decide
Every family and every estate is different. Whether you need a lawyer truly depends on the assets involved, how property is titled, and which form of administration applies. If you are facing the loss of someone you love in Palm Beach, please speak with a Florida probate attorney before filing anything. A short conversation can spare your family unnecessary stress and protect everyone’s interests.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
