The Miami, Florida Probate Process: A Step-by-Step Guide

The Florida probate process is the court-supervised procedure through which a decedent's estate is administered, debts are paid, and remaining assets are distributed to the rightful beneficiaries or heirs. While the concept is straightforward, the actual process involves multiple steps, strict statutory deadlines, and detailed filings that must be completed in the correct order. Understanding each stage of probate can help personal representatives, beneficiaries, and families prepare for what lies ahead and avoid costly mistakes.

At the Law Offices of Albert Goodwin, PA, we guide clients through every phase of the probate process in Miami-Dade County and throughout the state of Florida. Whether you are the nominated personal representative, a beneficiary seeking information about the timeline, or a family member trying to understand what happens next, this guide explains the probate process from start to finish.

Step 1: Filing the Petition for Administration

The probate process begins when an interested person files a petition for administration with the circuit court in the county where the decedent was domiciled at the time of death. In Miami-Dade County, this petition is filed with the Probate Division of the Eleventh Judicial Circuit. Under F.S. § 733.202, the petition must include information about the decedent, the petitioner, the proposed personal representative, the decedent's beneficiaries and heirs, and whether a will exists. If the decedent left a will, the original will must be deposited with the court.

The petition must also include a statement of the decedent's assets and their estimated value, to the extent known. This helps the court determine whether formal administration is appropriate or whether the estate may qualify for summary administration, which is a simplified procedure available for smaller estates valued at $75,000 or less (excluding exempt property) or when the decedent has been dead for more than two years.

Step 2: Appointment of the Personal Representative

After the petition is filed and the court is satisfied that the requirements have been met, the court enters an order appointing the personal representative. If the decedent left a will that nominates a personal representative, the court will generally appoint the nominated individual, provided they are qualified to serve under Florida law. If the decedent died without a will (intestate), the court will appoint a personal representative according to the statutory order of preference set forth in the Florida Probate Code.

Before the personal representative can begin acting on behalf of the estate, they must take an oath affirming that they will faithfully administer the estate in accordance with the law. In most cases, the personal representative must also post a bond to protect the estate and its beneficiaries against potential losses caused by the personal representative's misconduct or negligence. The court may waive the bond requirement if the will specifically directs that no bond is required, or if all interested persons consent to a waiver.

Step 3: Issuance of Letters of Administration

Once the personal representative has been appointed, has taken the oath, and has posted any required bond, the court issues Letters of Administration. These letters are the personal representative's official authority to act on behalf of the estate. Financial institutions, government agencies, title companies, insurance companies, and other third parties will require the personal representative to present the Letters of Administration before releasing any information or assets related to the decedent's estate.

The Letters of Administration are essential for virtually every task the personal representative will perform, including accessing bank accounts, transferring title to real property, collecting insurance proceeds, filing tax returns, and managing investments. Without these letters, the personal representative has no legal authority to act, and third parties will not recognize their authority over the estate's affairs.

Step 4: Notice to Creditors

One of the most important early steps in the probate process is providing notice to the decedent's creditors. Under F.S. § 733.2121, the personal representative must publish a notice to creditors in a newspaper of general circulation in the county where the estate is being administered. This published notice triggers a three-month claims period during which creditors must file their claims against the estate. Creditors who fail to file their claims within this three-month window are generally barred from collecting on their debts.

In addition to the published notice, the personal representative has a duty to conduct a reasonably diligent search for known or reasonably ascertainable creditors. Known creditors must be served with a copy of the notice to creditors directly. Known creditors who receive direct notice have a shorter deadline of 30 days from the date of service to file their claims. The distinction between known and unknown creditors is critical, because the failure to provide direct notice to a known creditor may allow that creditor to pursue claims even after the general three-month period has expired.

Step 5: Filing the Estate Inventory

Within 60 days of appointment, the personal representative must file an inventory of the estate's assets with the court. The inventory must include a complete listing of all probate assets, along with their fair market values as of the date of the decedent's death. Probate assets include real property, bank accounts, investment accounts, vehicles, personal property, business interests, and any other assets that were owned solely by the decedent and are not otherwise transferred by operation of law.

The inventory serves several important purposes. It provides the court with a snapshot of the estate's value and composition. It gives beneficiaries and creditors a basis for evaluating whether the estate is being properly administered. And it establishes the baseline against which the personal representative's management of estate assets will be measured. Assets that are not included in the inventory may be the subject of later disputes, and a personal representative who fails to disclose assets in the inventory may be subject to removal and personal liability.

Step 6: Marshaling and Managing Estate Assets

After the inventory is filed, the personal representative must take control of all probate assets and manage them prudently during the administration. This includes opening an estate bank account, consolidating financial accounts, collecting debts owed to the decedent, securing real property, maintaining insurance coverage, and taking any other steps necessary to preserve and protect the value of the estate. The personal representative has a fiduciary duty to manage estate assets with the care and skill that a prudent person would exercise under the circumstances.

During this phase, the personal representative may also need to obtain appraisals of real property, business interests, or other assets that require professional valuation. Accurate valuations are important for multiple reasons: they affect the estate inventory, they inform the calculation of personal representative and attorney fees, they are relevant to estate tax returns, and they provide a benchmark for determining whether any subsequent sale of estate assets was conducted at fair market value.

Step 7: Creditor Claims, Objections, and Payment of Debts

During and after the creditor claims period, the personal representative must review all claims filed against the estate and determine whether to pay, settle, or object to each claim. The personal representative has a duty to pay legitimate debts of the estate and to object to claims that are improper, excessive, or legally insufficient.

When the personal representative objects to a claim, the creditor has a limited period of time to bring an independent action on the claim. If the creditor fails to file suit within the applicable deadline, the claim is barred. If the creditor does file suit, the matter is litigated in a separate proceeding, and the personal representative must defend the estate against the claim.

Florida law establishes a priority of claims that dictates the order in which estate debts must be paid. Under F.S. § 733.707, the priority is as follows: costs of administration (including attorney fees and personal representative compensation), funeral expenses, debts and taxes with preference under federal law, reasonable and necessary medical and hospital expenses of the last 60 days of the decedent's illness, family allowance, arrearage from court-ordered child support, debts acquired after death by the continuation of the decedent's business, and all other claims. If the estate does not have sufficient assets to pay all claims in full, claims in lower priority classes may receive only partial payment or no payment at all.

Step 8: Payment of Taxes

The personal representative is responsible for filing all required tax returns and paying all taxes owed by the estate. This includes the decedent's final individual income tax return, any estate income tax returns for income earned by the estate during the administration period, and, if applicable, a federal estate tax return. In Florida, there is no separate state estate tax or inheritance tax, but federal estate tax may apply to larger estates.

Tax compliance is a critical responsibility, and the personal representative may be held personally liable for unpaid taxes. In many cases, it is advisable for the personal representative to retain an accountant or tax professional to prepare the returns and ensure that all tax obligations are satisfied before the estate is distributed and closed.

Step 9: Estate Accountings

Before the estate can be closed, the personal representative must provide an accounting of the estate's financial activity. The accounting must detail all assets received, all income earned, all expenses paid, all claims satisfied, all distributions made, and all assets remaining. The accounting provides a complete financial picture of the administration and allows the beneficiaries and the court to verify that the estate has been properly managed.

If any interested person has concerns about the accounting, they may file objections with the court. Contested accountings can involve disputes over missing assets, unauthorized expenditures, self-dealing, excessive fees, and other issues. If the court sustains the objections, the personal representative may be surcharged, removed, or required to pay the objecting party's attorney fees.

Step 10: Proposed Distribution Plan

Once all debts, taxes, and expenses have been paid or adequately provided for, the personal representative prepares a proposed distribution plan. If the decedent left a valid will, the distribution plan follows the terms of the will. If the decedent died intestate, the distribution follows the statutory rules of intestate succession set forth in Chapter 732 of the Florida Statutes.

The proposed distribution plan must be served on all interested persons, who then have an opportunity to review the plan and file any objections. If there are no objections, or if all objections are resolved, the personal representative may proceed with the distribution of assets to the beneficiaries.

Step 11: Closing the Estate

The final step in the probate process is closing the estate. Under F.S. § 733.901, the personal representative must file a final accounting and a petition for discharge with the court. Florida recognizes two methods of closing an estate: formal closing and informal closing.

Formal Closing

In a formal closing, the personal representative files a final accounting, a petition for discharge, and a plan of distribution with the court. All interested persons are served with copies of these documents and given a specified period within which to file objections. If no objections are filed, or if all objections are resolved, the court enters an order approving the accounting and discharging the personal representative. A formal closing provides the personal representative with the broadest protection against future claims by beneficiaries, because the court's order approving the accounting is generally binding on all interested persons who were properly served.

Informal Closing

In an informal closing, the personal representative files a verified statement with the court stating that the personal representative has fully administered the estate, that all claims have been paid or otherwise resolved, that the personal representative has distributed the estate in accordance with the will or the intestacy statutes, and that a final accounting has been provided to all interested persons. The informal closing does not require court approval of the accounting, but the personal representative remains liable to any interested person who is adversely affected by the administration for a period of one year after the filing of the verified statement.

Informal closing is simpler and less expensive, but it does not provide the same level of protection as a formal closing. In estates where there is any possibility of dispute or where the personal representative wants the greatest assurance of finality, a formal closing is typically the better choice.

Timeline for the Florida Probate Process

The length of the probate process in Florida varies depending on the complexity of the estate, the number and nature of creditor claims, whether there are any disputes among beneficiaries, and the efficiency of the personal representative and their attorney. As a general guideline, a typical formal administration takes approximately six to twelve months to complete. However, more complex estates involving litigation, tax disputes, business interests, or contested claims can take significantly longer.

Key milestones in the timeline include the three-month creditor claims period (which cannot be shortened), the 60-day deadline for filing the inventory, the time required for tax return preparation and filing, and the time required for court review and approval of the final accounting. Delays at any stage can extend the overall timeline, and personal representatives should work proactively with their attorney to keep the administration on track.

Several factors can extend the probate timeline beyond the typical range. Estates with real property in multiple counties or states may require ancillary probate proceedings. Disputes among beneficiaries over the validity of the will, the interpretation of its terms, or the personal representative's actions can add months or even years to the process. Contested creditor claims that proceed to independent action require separate litigation. Tax audits or disputes with the Internal Revenue Service can prevent the estate from closing until the tax issues are resolved. And estates that include complex assets such as closely held businesses, intellectual property, or significant real estate portfolios require additional time for valuation and disposition.

Costs Involved in Probate

The cost of probate in Florida includes court filing fees, publication costs for the notice to creditors, appraisal fees, personal representative compensation, attorney fees, accounting fees, and other administrative expenses. Filing fees in Miami-Dade County vary depending on the value of the estate. Attorney fees and personal representative compensation are governed by the Florida Probate Code and are calculated based on the compensable value of the estate, though the court retains discretion to adjust fees based on the complexity of the administration.

Under F.S. § 733.6171, the presumptively reasonable attorney fee is based on a sliding scale tied to the compensable value of the estate. For example, the fee schedule provides for a percentage-based calculation that decreases as the estate value increases. Similarly, personal representative compensation under F.S. § 733.617 follows a comparable structure. These fees are paid from the estate as costs of administration and have the highest priority among all claims against the estate.

While the costs of probate are a legitimate concern, they should be weighed against the benefits of a properly administered estate. Cutting corners during probate can lead to much greater expenses down the line, including litigation costs, tax penalties, and personal liability for the personal representative. Engaging an experienced probate attorney from the outset typically reduces overall costs by avoiding procedural errors, missed deadlines, and unnecessary disputes.

Miami-Dade County Probate Division

Probate proceedings in Miami-Dade County are handled by the Probate Division of the Eleventh Judicial Circuit. The Probate Division has specific local rules and procedures that supplement the Florida Probate Rules and the Florida Probate Code. Personal representatives and their attorneys must comply with both the statewide rules and the local administrative orders when filing documents, scheduling hearings, and conducting the administration.

The Miami-Dade County Probate Division handles a high volume of cases, and familiarity with the local procedures and the preferences of the individual judges is an important advantage. An attorney who regularly practices in the Miami-Dade County Probate Division can help ensure that filings are prepared correctly, deadlines are met, and hearings are conducted efficiently.

Contact Our Probate Attorneys Today

The probate process in Florida involves many steps, strict deadlines, and significant legal responsibilities. Whether you are a personal representative who needs guidance through the administration, a beneficiary who wants to understand where the estate stands, or a family member preparing for what comes next, the Law Offices of Albert Goodwin, PA is here to help. We handle probate administration, personal representative matters, estate accountings, summary administration, and all other aspects of the probate process in Miami-Dade County and throughout Florida.

Call us today at 786-522-1411 or email us at [email protected] to schedule a consultation.

Law Offices of Albert Goodwin, PA
121 Alhambra Plz #1000
Coral Gables, FL 33134
Phone: 786-522-1411