Under Chapter 733 of the Florida Statutes, probate administration involves private bilateral contracts like beneficiary redistribution agreements, settlement compromises, or real estate purchase contracts, alongside essential court instruments like Letters of Administration, Orders Determining Homestead, and Petitions for Exempt Property.
While contracts allow heirs, personal representatives, and creditors to voluntarily restructure rights or resolve disputes, court orders and statutory filings are strictly required to clear title, transfer legal ownership, and protect protected assets in Florida probate proceedings.
Let us be completely honest with each other for a second. Nobody wakes up on a sunny Tuesday morning in South Florida thinking, I really hope I get to read a fifty page legal breakdown of Florida probate contracts today!
If you found your way to this page, someone you cared about likely passed away, or a lawyer handed you a stack of paperwork thick enough to act as a doorstop. Now you have to make sense of it all.
When an estate enters probate under Chapter 733 of the Florida Statutes, families quickly discover that the legal world runs almost entirely on paperwork. Some of these papers are genuine, two-sided contracts where living people negotiate terms. Others are formal court orders that require a judge to stamp a seal before anyone can touch a single dollar in a bank account.
Here is an honest, straightforward guide to every contract and document you might encounter in South Florida, written in plain language without the dense legalese that usually makes people fall asleep at their desks.
PART 1: Private Contracts and Bilateral Agreements in Florida Probate
In ordinary life, a contract requires a mutual agreement, an offer, and something of value changing hands. In the probate realm, contracts serve as the legal tools that let living people fix messy situations, buy out family members, or hire experts to clean out a dusty attic.
1. Private Agreements Among Interested Persons (Fla. Stat. § 733.815)
What It Is and How It Looks
A Private Agreement Among Interested Persons looks like a standard legal contract. It starts with a caption identifying the estate, followed by a long list of “Whereas” clauses that explain the background.
The main text outlines who gets what, releases everyone from liability, and includes signature lines that require proper legal validation. It must state clearly that all parties are competent adults and that no creditor is getting cheated out of money.
Detailed Scenario
Mateo and Sofia are adult siblings who inherited their late father’s estate in Coral Springs. The father’s will leaves everything split equally between them. The estate consists of a house worth $400,000 and an investment account worth $400,000.
Mateo wants to live in the house. Sofia prefers cash so she can buy a condo in Miami.
Instead of forcing a quick sale of the home that neither of them actually wants, their lawyer drafts an agreement under Section 733.815. Mateo gets full ownership of the house, Sofia gets the investment account, and Mateo pays her an extra $25,000 to cover minor valuation differences.
Legal Mechanics
Under Florida Statutes Section 733.815, heirs can agree to trade or reallocate assets however they like. The personal representative must confirm that all estate debts, final taxes, and administrative fees are covered before handing over the keys.
2. Family Settlement Agreements and Compromises (Fla. Stat. § 733.708)
What It Is and How It Looks
A Family Settlement Agreement looks like a high stakes corporate treaty. It includes agreed facts, complete releases of liability, and a clause submitting the deal to the 17th Judicial Circuit Court in Broward County.
Crucially, it includes a paragraph requiring the executor to present the contract to the probate judge for official sign off.
Detailed Scenario
A resident of Fort Lauderdale passes away and leaves behind a brand new will that disinherits his child from a first marriage, leaving everything to a second spouse. The child hires a lawyer and claims the new spouse used undue influence when the father was sick.
Both sides realize that fighting in court for three years will only make the litigation lawyers rich.
During mediation, they draft a Family Settlement Agreement. The surviving spouse agrees to pay the child a flat cash settlement and hand over a few family heirlooms. In exchange, the child drops the lawsuit and agrees never to sue the estate again.
Legal Mechanics
Florida law loves family settlements because they keep relatives from screaming at each other in courtroom hallways. Submitting the contract under Section 733.708 turns a private agreement into a binding court order. This step is mandatory if any beneficiaries are minors, since kids cannot legally sign away their rights without a judge checking the math first.
3. Personal Representative Service and Vendor Contracts (Fla. Stat. §§ 733.612 and 733.619)
What It Is and How It Looks
A Fiduciary Service Contract looks like a typical vendor agreement for home repairs or estate sales. The key difference is tucked away in the very first paragraph and the signature block.
It must state that the person signing is acting only as the representative of the estate, not as an individual paying out of their own pocket.
Detailed Scenario
The executor of an estate in Coral Springs needs to fix a damaged roof, paint the living room, and clear out forty years of accumulated furniture before putting a home on the market. The executor hires a licensed roofing company and a professional estate sale team.
This executor signs the contracts. Because they are managing someone else’s property, they must ensure the contract text protects their personal savings account if something goes wrong on the job site.
Legal Mechanics
Florida Statutes Section 733.612 gives an executor the authority to hire workers to preserve estate property. Under Section 733.619, an executor becomes personally liable for the bill if they forget to specify their official title on the signature line. If you sign your name without adding “as Personal Representative of the Estate,” the contractor can legally demand payment directly from your personal checking account.
4. Real Estate Purchase and Sale Agreements in Probate (Fla. Stat. § 733.613)
What It Is and How It Looks
A Probate Real Estate Purchase Agreement uses standard residential contract forms alongside specific probate clauses.
The seller line must list the seller in their official representative capacity. The agreement always includes a clause making the sale contingent on court approval or proper probate filings.
Detailed Scenario
A decedent owned a house in Coral Springs, and a buyer puts in a great cash offer.
The real estate agent writes up the contract, but the closing attorney notices that the deceased person died without a valid will. That means there is no written clause granting a power of sale.
Legal Mechanics
Under Florida Statutes Section 733.613, if a will does not explicitly give the executor the power to sell real estate, the executor cannot transfer title on their own. The contract sits in limbo while the probate lawyer files a formal petition with the Broward County court. All heirs receive formal notice, and the judge must sign an order approving the sale before the closing can happen.
A Creditor Compromise Agreement is a short contract between the executor and a creditor like a credit card company or hospital.
It states the original debt amount, acknowledges that the estate has limited funds, sets a lower lump sum payment, and confirms that the debt is fully canceled once the check clears.
Detailed Scenario
A decedent leaves behind $30,000 in credit card bills, but the estate only holds $12,000 in a checking account along with a protected primary home.
Credit card companies cannot touch a protected Florida homestead. That $12,000 in the bank is the only cash available to pay off every bill. The executor calls the credit card companies and offers each one a fraction of what they are owed to settle the accounts completely.
Legal Mechanics
Section 733.708 allows an executor to negotiate and settle debts for lower amounts. However, Florida law enforces a strict priority list for paying bills under Section 733.707.
Funeral costs, court administrative fees, and final hospital bills take priority over credit cards. Paying off a low priority credit card before settling the funeral bill can make the executor personally responsible for paying the funeral home out of their own pocket.
6. Attorney and Professional Engagement Agreements (Fla. Stat. §§ 733.6171 and 733.6175)
What It Is and How It Looks
A Probate Retainer Agreement is a formal contract between the executor and the law firm. It explains the legal scope of work, hourly rates or percentage fee schedules, upfront costs, and court filing expectations.
Florida law requires specific written disclosures explaining how probate attorney fees are calculated.
Detailed Scenario
A newly appointed executor in Broward County feels completely overwhelmed by the legal paperwork and hires a local probate law firm to manage the estate.
The law firm provides an engagement agreement detailing whether they will charge an hourly rate or use the standard state fee percentage based on the total value of the estate assets.
Legal Mechanics
Florida Statutes Section 733.6171 sets statutory fee guidelines that courts consider reasonable for probate lawyers. Under Section 733.6175, any heir who thinks the lawyer is charging too much can ask the probate judge to review the bill and cut the fee down to a fair amount.
7. Contracts Concerning Succession and Agreements to Make a Will (Fla. Stat. § 732.701)
What It Is and How It Looks
A Contract to Make a Will is an agreement created while the person is still alive. It looks like a hybrid between a commercial contract and a will, explicitly stating that one person agrees to leave specific property to another in exchange for a clear action or service.
Detailed Scenario
An elderly parent tells their adult child that if the child moves to Coral Springs, quits their job, and acts as a full time caregiver, the parent will leave them the family home in their will. The child moves in and takes care of the parent for five years.
When the parent passes away, a surprise will surfaces that leaves the entire house to a local pet shelter.
The child files a claim against the estate using their written caregiver contract.
Legal Mechanics
Under Florida Statutes Section 732.701, an agreement to make a will or leave an inheritance is completely useless unless it is written down and signed in front of two attesting witnesses. Casual verbal promises made over dinner carry zero weight in a Florida courtroom, no matter how unfair the situation seems.
8. Premarital and Postmarital Elective Share or Property Waivers (Fla. Stat. § 732.702)
What It Is and How It Looks
A Waiver of Spousal Probate Rights is a specialized contract, usually included inside a prenuptial or postnuptial agreement. It contains clear clauses where a spouse gives up their rights to the elective share, homestead property, exempt assets, and family allowances.
Detailed Scenario
Two people get married later in life. Both own homes in South Florida and have adult children from previous marriages. They want their homes to pass directly to their biological kids without any surviving spouse claims getting in the way.
They sign a prenuptial agreement waiving all probate inheritance rights. When the husband passes away, the wife steps aside so the kids can inherit the house cleanly.
Legal Mechanics
Under Florida Statutes Section 732.702, a spouse can sign away their inheritance rights. The document must be in writing and signed in front of two attesting witnesses. Signing this document after the wedding requires a full, honest written disclosure of all personal assets and bank accounts.
PART II: Critical Non-Contractual Probate Documents
Contracts are voluntary agreements between people. The rest of the probate world runs on court orders, official petitions, and statutory filings. You need to know these documents just as well as any contract.
1. Letters of Administration
What It Is: The official document issued by a probate judge that appoints the executor and grants them the legal authority to handle the estate.
How It Looks: A single page court document featuring the raised seal of the Broward County Clerk of Courts, the case number, and the judge’s signature.
When It Comes Into Play: You cannot move money, close accounts, or sell property without this document. Bank managers will refuse to speak with you until you hand them a certified copy of these Letters.
2. Petition and Order Determining Homestead Property (Fla. Const. Art. X, § 4 and Fla. Stat. § 732.401)
What It Is: A formal court request and judge’s order declaring that a house was the deceased person’s primary Florida residence.
How It Looks: A legal order containing the property address, legal parcel details, and an official ruling that the house passes directly to protected family members.
When It Comes Into Play: A primary residence in Florida receives massive legal protection under the state constitution. Protected homestead property passes to heirs completely free from most creditor claims, and it sits outside the standard probate estate process.
3. Petition to Determine Exempt Property (Fla. Stat. § 732.402)
What It Is: A formal court filing asking the judge to set aside specific personal belongings for the surviving spouse or minor children.
How It Looks: A court filing listing household furniture up to $20,000, college savings accounts, and up to two personal cars.
When It Comes Into Play: When creditors come knocking, the surviving spouse files this petition to protect the family cars and living room furniture from being seized to pay off old bills.
4. Statement of Claim (Fla. Stat. § 733.703)
What It Is: The official form a creditor files with the court to demand payment for an unpaid debt.
How It Looks: A short court form detailing the amount owed, the reason for the debt, and attached proof like credit card statements or medical bills.
When It Comes Into Play: Creditors must file this form within three months of the public probate notice, or within thirty days of receiving direct notice. If a creditor misses the deadline, their claim gets wiped out forever.
5. Disclaimer of Interest (Fla. Stat. § 739.104)
What It Is: An official written statement where an heir says, No thank you, I do not want this inheritance.
How It Looks: A notarized statement filed directly with the court, detailing the exact asset or inheritance share being refused.
When It Comes Into Play: People use this document when accepting an inheritance would trigger a massive tax bill, or when they want the asset to pass directly to their own children instead.
Summary Matrix: Contracts vs. Non-Contractual Probate Instruments
Document or Instrument Type
Legal Nature
Governed By
Primary Purpose in Probate
Private Agreement (§ 733.815)
Bilateral Contract
Fla. Stat. § 733.815
Lets heirs change how assets are divided among themselves.
Family Settlement Agreement
Multilateral Contract
Fla. Stat. § 733.708
Resolves serious family disputes and stops active lawsuits.
Vendor Contract
Commercial Contract
Fla. Stat. §§ 733.612, 733.619
Hires workers while protecting the executor’s personal money.
Real Estate Purchase Agreement
Commercial Contract
Fla. Stat. § 733.613
Handles the sale of estate owned houses or land.
Creditor Compromise Agreement
Bilateral Contract
Fla. Stat. § 733.708
Settles unpaid debts for lower cash payouts.
Letters of Administration
Court Order
Fla. Stat. Chapter 733
Gives the executor official authority to manage the estate.
Order Determining Homestead
Judicial Order
Fla. Const. Art. X, § 4
Protects the family home from general debt collectors.
Frequently Asked Questions (FAQs)
1. Can siblings legally change how an inheritance is divided in Florida?
Yes. Under Florida Statutes Section 733.815, competent adult heirs can sign a private contract to divide property however they want. The deal cannot cheat creditors or leave out non signing family members.
2. What happens if an executor signs a contract without using their official title?
Under Section 733.619, an executor who signs a contract without adding “as Personal Representative of the Estate” can be held personally responsible for paying the bill out of their personal savings.
3. Can you sell a house during probate in Broward County?
Yes, but the process depends on the will. If the will explicitly grants a power of sale, the executor can complete the deal. If there is no will, the contract must state that the sale depends on getting an approval order from a Broward County judge under Section 733.613.
4. Is an oral promise to leave property to someone in a Florida will valid?
No. Section 732.701 states that any agreement to leave an inheritance is completely invalid unless it is written down and signed in front of two witnesses.
5. What is the difference between a probate contract and a court order?
A probate contract is a voluntary agreement between living people. A court order is an official decision signed by a judge that carries the full force of the law.
6. Can heirs sign a contract to skip probate court entirely?
No. Private contracts cannot transfer legal ownership of assets that require court orders, like sole name real estate or locked bank accounts. Contracts only control how assets are shared within or after the court process.
7. How long do creditors have to file a claim against a Florida estate?
Under Section 733.702, creditors must file a formal Statement of Claim within three months of the published notice, or within thirty days of receiving direct notice. Late claims are permanently barred.
Let Us Take the Stress Off Your Shoulders
Trying to make sense of probate contracts, court orders, and inheritance rules while grieving a loved one is exhausting. You do not have to figure this out by yourself late at night.
If you need to settle a family dispute, protect a primary residence, or complete a property sale in Coral Springs or Broward County, reach out to our team at Reinfeld & Cabrera. Call us directly at (954) 866-8600 or send us a message online to set up a time to talk. We will handle the heavy legal lifting so you can focus on taking care of your family.
