Broward County Probate Court Florida: Filing Requirements and Local Rules

If your spouse or parent lived in Fort Lauderdale, Hollywood, Pembroke Pines, Pompano Beach, or anywhere else in Broward County, their estate will go through the 17th Judicial Circuit Court. Broward County is one of the most procedurally demanding probate jurisdictions in Florida. Its local administrative rules are more rigid than most other circuits, and the clerk's office enforces them strictly — incomplete filings are rejected without warning.

Here is what you need to know before you file anything in Broward County probate court.

The 17th Judicial Circuit: What Makes Broward Different

Broward County operates under detailed Administrative Orders issued by the Chief Judge of the 17th Circuit. These orders govern probate filings and impose requirements that go beyond the Florida Probate Rules and Florida Statutes. The critical ones:

Mandatory Circuit-Specific Checklists Every probate filing in Broward County must be accompanied by the appropriate circuit checklist. Depending on the type of proceeding, this means submitting checklist forms designated CC-01 through CC-07. These checklists serve as a quality-control gate: the clerk verifies that every required document is present before the filing is accepted. If a required item is missing, the entire filing is rejected.

Before submitting any petition, download the correct checklist from the 17th Circuit's official website. Verify every item on the list. Do not assume a document that is optional in another county is optional in Broward — the checklist is the controlling document.

Affidavit Regarding Criminal History Broward County requires an Affidavit Regarding Criminal History for the proposed personal representative in every formal administration. This requirement is not universal across Florida's 67 counties. The affidavit must be executed by the proposed PR and submitted with the initial petition.

Smart Forms Broward County uses mandatory "Smart Forms" for certain petition types. These are fill-in-the-blank PDF forms generated by the clerk's office with specific formatting requirements. Generic Florida probate forms drafted independently may not satisfy the Smart Form requirement.

Where to File

Broward County probate cases are filed at:

Broward County Courthouse 201 SE 6th Street, Fort Lauderdale, FL 33301

The probate division is located within the main courthouse. Case filing is handled through the Florida Courts E-Filing Portal for most submissions, but certain documents — including the original physical will — require in-person handling.

Will Deposit Requirement Florida Statute §732.901 requires the custodian of the original Last Will and Testament to deposit it with the Clerk of the Circuit Court within 10 days of learning about the testator's death. In Broward County, this must be done in person. The original physical document must be presented at the clerk's office with a death certificate or the deceased's Social Security number. The clerk will provide a receipt.

Types of Probate Proceedings in Broward County

The same three-tier Florida probate structure applies in Broward:

Disposition Without Administration Available only for very small estates: no real estate in the deceased's sole name, and total non-exempt personal property does not exceed the sum of preferred funeral expenses plus final medical costs from the last 60 days. The clerk can issue an order in 2 to 4 weeks. In Broward County, review the checklist for this filing type before submitting — the clerk enforces formatting requirements strictly.

Summary Administration As of July 1, 2026, the non-exempt asset threshold for summary administration increased to $150,000. (If the deceased has been dead for more than two years, summary administration is available regardless of estate value.) No personal representative is appointed. The court issues an Order of Summary Administration directing asset distribution.

In Broward County, the mandatory CC checklist for summary administration must accompany the petition. Broward's requirement for the Criminal History Affidavit may not apply to summary administration (since no personal representative is appointed), but confirm with the clerk before filing.

Formal Administration Required when non-exempt assets exceed $150,000, when the estate involves real estate that must be sold, complex creditor disputes, or contested claims. A personal representative is appointed by the court. In Broward formal administrations, the criminal history affidavit requirement is strictly enforced, the CC checklist must be filed with every petition, and attorneys must use circuit-compliant formatting.

Florida Probate Rule 5.030 requires the personal representative in formal administration to be represented by a Florida-licensed attorney in almost all cases.

Filing Fees in Broward County

Florida Statute §28.2401 governs statewide court filing fees. In Broward County:

• Formal administration: approximately $399–$401
• Summary administration (estate over $1,000): approximately $345
• Disposition without administration: approximately $232

Additional costs: Notice to Creditors newspaper publication in Broward County runs higher than smaller markets. Publication in the Daily Business Review — Broward's newspaper of general circulation for legal notices — typically costs more than the $150–$300 range common in smaller Florida counties.

The Notice to Creditors Decision

In a Broward County summary administration where the deceased has been dead less than two years, publication of a Notice to Creditors is optional under F.S. §735.2063. But skipping it leaves heirs personally liable to unknown creditors for up to two years. The extra publication cost is usually worth it to trigger the three-month claim window and establish a clean break.

In formal administration, publication is mandatory. The personal representative must publish in a Broward-approved newspaper and serve all known creditors directly.

Broward County Property Appraiser and Property Tax Exemptions

Property tax matters in Broward County are handled by the Broward County Property Appraiser's office, separate from the probate court. Surviving spouses must file the application for the $5,000 Widow/Widower exemption (or the 100% first responder/disabled veteran exemption) by March 1.

Do not confuse the probate filing with the property tax exemption application — they go to different offices.

Getting the Homestead Order in Broward

If the estate includes the deceased's primary residence, a Petition to Determine Homestead Status must be filed with the probate court as part of the probate proceeding. Once the court issues the order, the property is shielded from unsecured creditors and can be transferred or sold with clear title. Title companies in Broward County will require this order before insuring the property.

Resources for Broward County Probate Filers

• 17th Judicial Circuit website: www.17th.flcourts.org — mandatory checklists and Smart Forms are available here
• Florida Courts E-Filing Portal: myflcourtaccess.com
• Broward County Property Appraiser: broward.org/RecordsTaxesTreasury/PropertyAppraiser

Connecting Probate to the Broader Estate

Broward County probate is one piece of a larger post-death picture. Non-probate assets — joint accounts, POD bank accounts, TOD investment accounts, life insurance, FRS pension benefits, and vehicle titles — all move through separate channels outside the probate court, often faster. Before spending time on the probate filing, identify every non-probate asset and process those first.

For a complete checklist covering all of Florida's survivor benefits — not just the probate process — the Florida Survivor Benefits Navigator includes a section on county-specific filing requirements alongside the full state-level benefit map.

See more Florida guides →