Do You Need a Lawyer for Florida Probate?
In a Florida formal administration, the personal representative must be represented by a Florida attorney unless the PR is the sole interested person (or is themselves a Florida attorney) — Florida Probate Rule 5.030. This is a distinctive Florida requirement. Summary administration and disposition without administration may not require counsel in the same way, but a lawyer is common.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Florida’s attorney rule for probate is distinctive — when in doubt, talk to a Florida attorney.
Florida has a rule that catches many people off guard: in most formal administrations, the personal representative must hire a lawyer.
The Rule 5.030 attorney requirement
Under Florida Probate Rule 5.030(a), in a formal administration the personal representative must be represented by a Florida attorney — unless the PR is the sole interested person in the estate (or the PR is themselves a Florida attorney).
This is a distinctive Florida requirement. In most states a willing executor can often proceed without counsel; in Florida, most formal probates require hiring an attorney. If you’ve just been named personal representative, budget for legal fees from the start.
Summary administration and tiny estates
The simpler routes — summary administration (the $75,000 / 2-year route) and disposition without administration — may not require counsel in the same way. Even so, hiring a lawyer is common, because probate paperwork and creditor rules can still trip people up.
A note on cost
A personal representative is entitled to a statutory commission, and attorney fees are separate; both come out of the estate. Florida law addresses PR compensation at statutory tiers (Fla. Stat. § 733.617).
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Start your free intakeFrequently asked questions
- Do I have to hire a lawyer for Florida probate?
- In a formal administration, yes in most cases — the personal representative must be represented by a Florida attorney unless the PR is the sole interested person, or is themselves a Florida attorney (Florida Probate Rule 5.030).
- Is there any exception to the attorney requirement?
- Yes. If the personal representative is the sole interested person in the estate, or the PR is themselves a Florida attorney, representation by separate counsel is not required under Rule 5.030.
- Do summary administration and disposition without administration require a lawyer?
- They may not require counsel in the same way as formal administration, but hiring a lawyer is still common and can help avoid mistakes.
Sources
Related guides
- Florida Disposition Without Administration For very small Florida estates with NO real property, no administration is required. This applies where the estate is only exempt personal property plus nonexempt personal property not exceeding the preferred funeral expenses plus reasonable medical/hospital expenses of the last 60 days of the last illness. A person who paid those expenses can be reimbursed (Fla. Stat. § 735.301).
- Florida Personal Representative Duties A Florida resident who is sui juris (an adult of sound mind) can serve as personal representative (Fla. Stat. § 733.302). A non-resident can serve only if related to the decedent (Fla. Stat. § 733.304). The PR is a fiduciary who collects assets, pays valid debts, and distributes the estate, and is entitled to a commission presumed reasonable at statutory percentage tiers (Fla. Stat. § 733.617).
- Florida Summary Administration Summary administration is Florida's simplified, faster probate. It is available when EITHER the value of the estate subject to administration in Florida (less property exempt from creditors) is $75,000 or less, OR the decedent has been dead more than 2 years (Fla. Stat. § 735.201). Only one condition needs to be met.
- The Florida Probate Process: Formal Administration Formal administration is Florida's full court-supervised probate under chapter 733, handled by the circuit court. The court appoints a personal representative and issues letters of administration; the PR gathers assets, settles debts and creditor claims, and distributes the rest. Creditors generally must file claims within set periods, and never more than 2 years after death.
- Related area: Estate Planning & Administration in Florida