Probate Attorney

Losing a loved one is one of life's most difficult experiences. When grief is compounded by the legal complexities of administering an estate, families often feel overwhelmed and uncertain about how to proceed. A Miami probate attorney provides the guidance, advocacy, and practical support needed to navigate the probate process efficiently while honoring your loved one's final wishes.

Our Miami-based probate practice is dedicated to helping families and personal representatives manage every aspect of estate administration under Florida law. Whether you are facing a straightforward probate matter or a contested estate dispute, our attorneys bring the experience, attention to detail, and compassion necessary to guide you through this challenging time.

What Is Probate and When Is It Required in Miami?

Probate is the court-supervised legal process of administering a deceased person's estate. In Miami-Dade County, probate is overseen by the Probate Division of the Eleventh Judicial Circuit Court of Florida. The process generally involves identifying and gathering the decedent's assets, paying valid debts and taxes, and distributing the remaining property to beneficiaries or heirs.

Probate is typically required when a person dies owning assets in their sole name without a designated beneficiary or joint owner. This includes real estate, bank accounts, investment accounts, vehicles, and personal property. Florida law sets specific requirements for when probate must be opened and what type of administration is appropriate based on the size and nature of the estate.

Not all assets pass through probate. Property held in joint tenancy with right of survivorship, accounts with payable-on-death beneficiaries, life insurance proceeds with named beneficiaries, retirement accounts, and assets held in a properly funded revocable living trust generally bypass the probate process entirely.

Types of Probate Administration in Florida

Florida law recognizes several forms of probate administration, each suited to different estate circumstances. A skilled Miami probate attorney can evaluate your situation and recommend the most efficient approach.

Formal Administration

Formal administration is the most common type of probate proceeding in Miami. It is required when the value of the estate exceeds $75,000 (excluding exempt property) or when the decedent died less than two years ago and the circumstances do not qualify for summary administration. This process involves the appointment of a personal representative who, under the supervision of the court, manages the estate from start to finish. Formal administration typically takes between six months and one year, though contested or complex estates may take longer.

Summary Administration

Summary administration is a streamlined alternative available when the value of the probate estate (less the value of property exempt from creditors' claims) is less than $75,000, or when the decedent has been deceased for more than two years. This expedited process does not require the appointment of a personal representative and is generally completed within a few months. Summary administration can save significant time and expense, but eligibility is strictly governed by Florida statutes.

Disposition of Personal Property Without Administration

This is the most informal probate procedure available in Florida. It applies in very limited circumstances, typically when the decedent left only personal property exempt from creditors' claims and non-exempt property of nominal value not exceeding the amount of preferred funeral expenses and reasonable medical expenses from the last 60 days of life. This option is generally used for very small estates.

Ancillary Administration

When a non-resident dies owning real property or other assets located in Florida, ancillary administration may be necessary in Miami-Dade County. Our attorneys regularly assist out-of-state families and personal representatives with ancillary probate proceedings to transfer Florida-based assets.

The Role of the Personal Representative

The personal representative—sometimes called an executor in other contexts—is the individual or institution appointed by the probate court to administer the estate. Florida law imposes significant fiduciary duties on personal representatives, including the obligation to act in the best interests of the estate and its beneficiaries.

Key responsibilities of a personal representative include:

• Filing the petition for administration with the Miami-Dade probate court
• Notifying beneficiaries, heirs, and known creditors
• Publishing a notice to creditors in a Miami-Dade newspaper
• Identifying, gathering, and safeguarding estate assets
• Preparing an inventory of estate property
• Paying valid debts, taxes, and administration expenses
• Filing required tax returns, including the decedent's final income tax return
• Distributing assets according to the will or Florida intestacy laws
• Filing a final accounting and petition for discharge

Florida law requires that personal representatives in formal administration cases be represented by a licensed Florida attorney unless the personal representative is the sole interested party. This statutory requirement underscores the importance of working with an experienced Miami probate attorney from the outset.

Probate When There Is No Will: Florida Intestacy

When a person dies without a valid will, they are said to have died intestate. Florida intestacy statutes determine how the decedent's assets are distributed. The distribution scheme depends on the decedent's family circumstances at the time of death.

Generally, if the decedent was married, the surviving spouse will inherit the entire estate when there are no descendants or when all descendants are also descendants of the surviving spouse and the spouse has no other descendants. When there are descendants from outside the marriage, the estate is typically divided between the spouse and descendants.

If there is no surviving spouse, the estate generally passes to descendants, then to parents, then to siblings and their descendants, and ultimately to more distant relatives. Without proper estate planning, intestacy laws may produce results that do not align with what the decedent would have wanted.

Will Contests and Probate Litigation in Miami

Not every probate matter proceeds smoothly. Disputes can arise over the validity of a will, the actions of a personal representative, the interpretation of estate documents, or the distribution of assets. Our Miami probate litigation attorneys represent both petitioners and respondents in a wide range of contested matters.

Grounds for Contesting a Will

Florida law recognizes several grounds upon which a will may be challenged, including:

• Lack of testamentary capacity: The testator did not understand the nature of their property, the natural objects of their bounty, or the effect of executing the will
• Undue influence: Another person exercised improper pressure that overcame the testator's free will
• Fraud: The testator was deceived into signing the will or including specific provisions
• Improper execution: The will was not signed and witnessed in compliance with Florida's strict statutory requirements
• Revocation: The testator validly revoked the will before death

Will contests must be filed within strict deadlines. In most cases, interested parties have only 90 days from receiving formal notice of administration to challenge the validity of a will. Missing these deadlines can permanently bar your claim.

Breach of Fiduciary Duty Claims

Beneficiaries who suspect that a personal representative is mismanaging the estate, self-dealing, or failing to fulfill statutory obligations may pursue claims for breach of fiduciary duty. Remedies can include removal of the personal representative, surcharge for losses caused by misconduct, and recovery of attorney's fees in appropriate cases.

Creditor Claims in Florida Probate

Florida law establishes a structured process for creditors to make claims against an estate. The personal representative must publish a notice to creditors in a Miami-Dade newspaper of general circulation and serve known or reasonably ascertainable creditors with direct notice. Creditors generally have three months from the first publication of the notice, or 30 days from the date of service, whichever is later, to file claims.

The personal representative may object to claims that appear invalid, excessive, or untimely. Disputed claims may proceed to litigation if not resolved through negotiation. Properly handling creditor claims is essential to protect estate assets and avoid personal liability for the personal representative.

Homestead Property and Probate in Miami

Florida's homestead protections are among the most robust in the country and significantly affect probate administration. The decedent's homestead property may pass outside the probate estate and is generally protected from the claims of most creditors. However, homestead property is also subject to constitutional restrictions on devise when the decedent is survived by a spouse or minor children.

If a decedent who was survived by a spouse or minor child attempts to leave homestead property to anyone other than the surviving spouse, the devise may be invalid, and the property will pass according to the constitutional formula. These rules can produce unexpected results, and determining the proper distribution of homestead property in Miami often requires careful legal analysis and a court determination of homestead status.

Spousal Rights in Florida Probate

Florida provides several important protections for surviving spouses, including:

• Elective share: A surviving spouse may elect to take 30% of the elective estate, regardless of the will's provisions
• Family allowance: A reasonable allowance for the maintenance of the surviving spouse and lineal heirs the decedent supported
• Exempt property: Certain household furnishings, automobiles, and other items pass to the spouse free of creditor claims
• Pretermitted spouse rights: A spouse who married the decedent after execution of the will may be entitled to an intestate share

These rights have strict election deadlines and procedural requirements. A Miami probate attorney can help surviving spouses preserve and assert these important entitlements.

How Long Does Probate Take in Miami-Dade County?

The duration of probate varies considerably based on the complexity of the estate, the cooperation of interested parties, and the current caseload of the Miami-Dade probate court. Typical timeframes include:

Type of Administration	Typical Duration
Disposition Without Administration	4 to 8 weeks
Summary Administration	2 to 4 months
Formal Administration (uncontested)	6 to 12 months
Contested Probate	1 to 3 years or longer

Factors that can extend the probate timeline include disputes among beneficiaries, complex assets, business interests, tax issues, creditor claims, and litigation.

Probate Costs and Attorney's Fees in Florida

Probate involves several categories of expenses, including court filing fees, publication costs, appraisal fees, accounting fees, and attorney's fees. Florida statutes establish presumptively reasonable attorney's fees for probate based on the value of the estate, though attorneys and personal representatives may agree to alternative fee arrangements such as hourly billing.

Our firm believes in transparent fee discussions at the outset of every engagement. We will explain anticipated costs and explore the most cost-effective approach for your particular circumstances.

How Our Miami Probate Attorneys Can Help

Probate touches on virtually every area of personal and financial life. Our Miami probate attorneys provide comprehensive representation, including:

• Initial consultation and probate strategy
• Petition preparation and filing in Miami-Dade probate court
• Representation of personal representatives throughout administration
• Counsel to beneficiaries and heirs concerning their rights
• Will contests and trust contests
• Defense of will validity and personal representative actions
• Creditor claim litigation
• Homestead determination proceedings
• Spousal elective share elections and disputes
• Ancillary probate for non-resident decedents with Florida property
• Guardianship of estate assets when minors are beneficiaries
• Trust administration following the death of a settlor

What to Bring to Your Probate Consultation

To make the most of your initial consultation with a Miami probate attorney, gather as much of the following information as possible:

• The original will and any codicils (if available)
• Trust documents, if applicable
• Death certificate
• List of known assets, including approximate values
• List of known debts and creditors
• Names and contact information for beneficiaries and heirs
• Recent account statements, deeds, vehicle titles, and insurance policies
• Prior tax returns, if accessible

Even if you do not have all of this information immediately available, our attorneys can help you locate and organize the necessary documents.

Contact a Miami Probate Attorney Today

The probate process can feel daunting, but you do not have to navigate it alone. Our experienced Miami probate attorneys are committed to providing personalized, responsive, and effective representation during what may be one of the most difficult chapters of your life. Whether you need to open an estate, defend a will, contest improper actions by a personal representative, or simply understand your rights as a beneficiary, we are here to help.

Contact our Miami office today to schedule a confidential consultation. We will listen carefully to your concerns, explain your options, and develop a strategy designed to protect your interests and honor your loved one's legacy. With deep knowledge of Florida probate law and the local Miami-Dade court system, our attorneys are ready to guide you through every step of the probate process with skill, integrity, and compassion.

You can contact us by phone at 786-522-1411 or by email at [email protected].