Hiring a Wills, Trusts or Probate Lawyer in Florida
What Florida requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Florida: fee rules
| Rules on contingency fees | Florida requires every contingent fee arrangement to be a written contract signed by the client and a lawyer for the firm, stating the percentages on settlement, trial or appeal and the costs deducted (and whether before or after the fee); the client gets a copy and, at the end, an itemized closing statement. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. In personal injury, wrongful death and property damage tort cases, the client must first receive and sign a Statement of Client's Rights, and the contract may be cancelled in writing within 3 business days. Without court approval, fees above these levels are presumed clearly excessive: before an answer is filed (or demand for arbitrators), 33 1/3% of any recovery up to $1 million, 30% of $1-2 million, and 20% above $2 million; after an answer through judgment, 40% up to $1 million, 30% of $1-2 million, 20% above $2 million; if all defendants admit liability and ask for trial on damages only, 33 1/3% up to $1 million, 20% of $1-2 million, 15% above $2 million; plus an additional 5% if an appeal or post-judgment action is needed. In medical liability cases the lawyer must also give the client the text of Florida Constitution article I, section 26 (which, unless waived, entitles the claimant to at least 70% of the first $250,000 of damages). |
|---|---|
| If you disagree with a lawyer's bill | The Florida Bar's Legal Fee Arbitration Program is free and voluntary: either the lawyer or the client can start it, but both must consent by signing an Agreement to Arbitrate. An arbitrator hears testimony, reviews evidence and makes a final and binding decision. Consumer guide: https://www.floridabar.org/public/consumer/pamphlet009/ |
| If a lawyer takes your money | The Florida Bar Clients' Security Fund, financed by part of Bar members' dues, may provide discretionary relief to people who lost money because a Florida lawyer misappropriated it during an attorney-client relationship. The lawyer generally must have been suspended, disbarred or had a license revoked (or have died), and a grievance must be filed unless the lawyer was already disbarred, revoked or deceased. Limits: unearned fees up to $5,000 (only if no useful services were provided) and misappropriation up to $250,000; damages, expenses and lost interest are not paid, and negligence, malpractice and fee disputes are not covered. File within three years of the final disciplinary action or the lawyer's death; processing often takes more than 12 months, and theft claims are paid once a year (prorated if funds are short). |
Florida rules to know first
| Requirements for a valid will | Any person of sound mind who is 18 or older, or an emancipated minor, may make a will. The will must be in writing and signed at the end by the testator (or by another person in the testator's presence and at the testator's direction), in the presence of at least two attesting witnesses, who must sign in the presence of the testator and of each other. Source: Fla. Stat. §§ 732.501, 732.502 |
|---|---|
| Small estate affidavit | Florida has no general small estate affidavit. Two limited options exist: (1) a bank may pay a family member up to $2,000 total from deposit accounts or CDs held in the decedent's sole name with no pay-on-death or survivor designation, no earlier than 6 months after death, on a sworn affidavit plus a certified death certificate; (2) 'disposition without administration': if the estate is only exempt personal property plus other personal property worth no more than the preferred funeral expenses and recent medical and hospital expenses, the court may authorize transfer by letter without a full probate. Neither option covers real estate. Source: Fla. Stat. §§ 735.301, 735.303 |
| How probate works | Formal administration: file a petition for administration and deposit the original will with the circuit court clerk; the court issues letters of administration to the personal representative; the personal representative serves a notice of administration on interested persons, publishes a notice to creditors once a week for 2 consecutive weeks and serves it on known or reasonably ascertainable creditors; files a verified inventory of estate property; pays valid claims, expenses and taxes; then files a final accounting and petition for discharge, and the court enters an order of discharge. |
Find and check a lawyer
| Lawyer referral service | The Florida Bar Lawyer Referral Service matches you with a lawyer based on your legal issue and location after you briefly describe your situation. "You can receive a 30-minute consultation for no more than $25." Call 800-342-8011 (weekdays 8:00 a.m.-5:30 p.m.) or use the online referral form, available 24/7. Local bar associations run nine referral services in Florida's major cities, and The Florida Bar handles referrals from all other areas. The service does not have pro bono lawyers. Coverage areas: https://www.floridabar.org/public/lrs/coverage-areas/ |
|---|---|
| Check that the lawyer is licensed | The Florida Bar's member search ("Find a Member") lets you look up Florida lawyers by name, Bar number (exact match), city, county, state or country, with filters for eligible lawyers only, board certifications, practice areas, law schools and languages. Source: The Florida Bar, Find a Member |
| Check discipline history or file a complaint | The Florida Bar's Attorney/Consumer Assistance Program (ACAP) is a resource for people who want to discuss concerns about a lawyer's conduct: call 866-352-0707. To file a formal Bar complaint, download the complaint form, review the instructions and submit it as directed. The Bar publishes a monthly summary of disciplinary actions and instructions for viewing discipline documents. The Florida Bar: 651 E. Jefferson St., Tallahassee, FL 32399; 850-561-5600. Filing a complaint: https://www.floridabar.org/public/acap/filing-a-complaint/ ; Discipline documents: https://www.floridabar.org/public/acap/instructions/ |
Free legal help
| Free legal aid | Florida's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Bay Area Legal Services, Coast to Coast Legal Aid of South Florida, Community Legal Services of Mid-Florida, Florida Rural Legal Services, Legal Services of Greater Miami, Legal Services of North Florida and Three Rivers Legal Services. The Florida Bar's referral page also points people seeking free or low-cost help to Florida legal aid programs listed at fundingfla.org. Florida Bar LRS page: https://www.floridabar.org/public/lrs/ |
|---|
All legal help in Florida · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.