The Short Answer

If the probate case is in Florida, you generally need a Florida-licensed attorney to represent the estate in Florida probate court—not a North Carolina-only attorney. Florida probate is governed by Florida law and handled in Florida courts, and the personal representative typically works through Florida counsel for filings, notices, and court requirements.

What Florida Law Says

In Florida probate, the personal representative (executor) has authority to administer the estate, and Florida law specifically contemplates that the personal representative may employ attorneys to assist with administration and that those attorneys are compensated from estate assets in appropriate cases. Practically, because the work is done in a Florida court under Florida statutes and rules, the lawyer handling the probate should be admitted in Florida (or otherwise authorized to practice in the Florida proceeding).

The Statute

The primary law governing this issue is Fla. Stat. § 733.612.

This statute establishes that a personal representative may properly employ persons, including attorneys, to advise or assist with estate administration.

Florida law also addresses attorney compensation in probate, reinforcing that probate counsel is a standard part of many administrations. See Fla. Stat. § 733.6171 (compensation of attorney for the personal representative).

For more background on what an executor/personal representative is expected to do, see: Executor (Personal Representative) responsibilities during Florida probate.

Why You Should Speak with an Attorney

Even when probate seems straightforward, the risk is that a small mistake can delay distributions, trigger disputes, or create personal liability for the personal representative. Legal outcomes often depend on:

• Strict Deadlines: Probate involves time-sensitive notices, creditor issues, and court scheduling; missing a required deadline can create avoidable complications.
• Burden of Proof: The estate may need to document asset values, beneficiary rights, and authority to act—especially when banks, title companies, or family members push back.
• Exceptions: Issues like homestead, disputes about who should serve, or conflicts among beneficiaries can change what the court requires and how the estate must proceed.

If you are trying to use an out-of-state attorney (North Carolina) for a Florida probate, you can lose time quickly if filings need to be redone or if the court requires Florida counsel. If you are an out-of-state personal representative, you may also need to address Florida-specific requirements—this article may help: Designating a resident process agent in an out-of-state Florida probate case.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.