Probate law in Miami helps families handle a person’s belongings and money after they die. In Miami-Dade County, there are three ways this can work. For estates worth more than $75,000, you’ll need formal probate, which is the full legal process. Smaller estates can use a shorter process called summary administration. Very small estates might qualify for an even simpler option that needs almost no court involvement. The Probate Division at the Lawson E. Thomas Courthouse manages these cases. To start the process, you’ll need the death certificate and the original will. The person in charge of the estate must make a list of all belongings, pay any leftover bills, and keep clear records for the court to review. People can reduce the need for probate by setting up trusts or sharing ownership of property while they’re alive. Knowing these basics helps families better handle estate matters.
Key Takeaways
- Miami-Dade probate proceedings take place at the Lawson E. Thomas Courthouse, requiring death certificates and original wills for filing.
- Florida offers three probate options: formal administration, summary administration, and disposition without administration, based on estate value.
- Only solely-owned assets and property without designated beneficiaries go through probate in Miami-Dade County.
- Executors must inventory assets, notify creditors, and settle debts while maintaining transparent records for the court.
- Probate attorney fees in Miami are regulated by state law and can be charged hourly or as a percentage of estate value.
What Is Miami Probate
Probate in Miami is the court process that handles a person’s belongings and money after they die. It takes place in Miami-Dade County, Florida, where judges make sure everything is done correctly – from checking if the will is real to paying bills and giving what’s left to family members.
Many people think probate always takes forever and costs too much, but Miami’s system actually has different options. Small, simple estates can use a quicker process, while bigger or more complicated ones need more time and paperwork.
The main people involved are the personal representative (who manages everything), the people who will inherit the assets, and anyone the deceased person owed money to. The Miami-Dade Probate Court watches over the whole process to make sure everyone follows Florida’s rules and that everything is handled fairly.
Types of Florida Probate
Florida has three ways to handle a deceased person’s estate through probate: formal administration, summary administration, and disposition without administration.
Formal administration is the main process used when estates are worth more than $75,000 or when someone dies without a will.
Summary administration is a shorter, simpler option for estates under $75,000 or when someone has been dead for over two years.
To pick the right type of probate, you need to look at:
- How much the estate is worth
- How long ago the person died
- What debts are owed and how many people the estate owes money to
Disposition without administration is only for very small estates where the costs of the funeral and the last two months of medical bills are more than what the estate owns.
Assets Subject to Probate
When choosing how to handle a deceased person’s estate, you must first figure out which belongings need to go through probate court.
Probate usually deals with things owned only by the person who died, some shared items without survivor rights, and personal items that don’t have specific people named to receive them.
Property that goes through probate often includes the person’s individual bank accounts, personal belongings, houses or land in their name alone, and business ownership without clear handover plans.
Some things don’t need probate at all – like life insurance with named recipients, retirement funds, assets in living trusts, and property owned together with automatic survivor rights.
Knowing what needs probate and what doesn’t helps manage the estate smoothly and ensures everyone gets what they should.
Miami-Dade Probate Court System
The Miami-Dade courts handle matters about wills, estates, and guardianship through their Probate Division, which is based at the Lawson E. Thomas Courthouse in downtown Miami.
The court follows set rules laid out in Florida law and local court orders.
When filing papers with the Probate Division, you must follow these key rules:
- When you first file for probate, you need to bring official death certificates and the original will if there is one.
- For urgent cases, you must mark your papers as “emergency” so judges can look at them right away.
- In guardianship cases, the court must check the background and credit history of anyone who wants to become a guardian.
The court has special judges and lawyers on staff to help cases move quickly while making sure everyone follows the rules.
Lawyers must file all probate papers online through the Florida Courts E-Filing system.
Executor Duties and Responsibilities
An executor has many important tasks when handling someone’s estate after they die. They must make a list of everything the person owned, tell people the person owed money to, pay valid bills, handle tax papers, and give out what’s left to the people named in the will.
They need to keep good records of all money spent and received, and make sure property values are correct.
The executor must protect all estate property and prevent anything from being lost or damaged. They need to work for the good of the people who will inherit. This means keeping buildings safe, making sure insurance stays current, and being smart about investing money when needed.
They must give the court and inheritors a clear report showing how they handled all the money. If executors don’t do their job properly, they could be held responsible for losses, removed from their role, or taken to court by inheritors or the court itself.
Common Probate Disputes
Fights over wills and estates happen often when families deal with inheritance matters.
These battles usually start when family members disagree about who gets what, what the will really means, or if someone pushed the deceased person to change their will. Such fights can tear families apart and make settling the estate much harder.
People typically challenge wills for these reasons:
- Doubts about whether the person who made the will was thinking clearly at the time
- Concerns that the will wasn’t signed properly or that changes to it look suspicious
- Claims that the person handling the estate isn’t doing their job honestly
When family members fight over inheritance in Florida, the courts look carefully at all the proof before making decisions.
Because these fights can get messy and involve lots of money or important family ties, it’s smart to have a lawyer help sort things out.
Timeline and Cost Expectations
The time and money needed for probate in Florida are key things to plan for. Most probate cases take 6 to 12 months if they follow the formal process, but bigger or more complicated estates can take longer. The timeline depends on things like dealing with people the deceased owed money to, sorting out taxes, and working through any disagreements between family members who inherit.
The cost of probate in Florida usually runs between 3% and 6% of what the estate is worth. This money goes toward court fees, lawyer payments, fees for the person handling the estate, and other needed expenses.
Lawyers charge based on the estate’s value, following Florida law. You might also need to pay for things like getting property values checked, putting legal notices in newspapers, and getting official copies of documents.
When everyone knows these costs ahead of time, the people in charge of the estate and those inheriting can get ready for what they’ll need to pay.
International Property Considerations
When people own property in different countries, Florida courts must handle complex rules about who gets what after someone dies. Different countries have their own laws about inheritance, so planning ahead requires careful attention to legal requirements, taxes, and property rights in each place.
Major issues in handling estates across countries include:
- Figuring out which country’s courts should handle the case when several countries claim control over assets.
- Working with lawyers in other countries to check if documents are real and if will instructions are valid.
- Dealing with changing money values and overseas banking rules when moving assets.
People living in Miami who own property in other countries should work with lawyers who know both Florida law and how to handle estates across borders.
Planning early helps avoid costly delays and ensures everything follows the rules in different countries, especially for property in Latin America and the Caribbean.
Estate Planning to Avoid Probate
Estate planning can help you skip the long and expensive probate process in Florida. One of the best ways is to set up a living trust, which lets your assets go straight to your loved ones without going through court.
Living trusts work right away when you create them and stay private, while wills become public records during probate.
You can also avoid probate by naming beneficiaries on your life insurance, retirement accounts, and other money accounts that let you choose who gets them when you die.
Owning property jointly with someone else, especially when it includes the right of survivorship, is another way to bypass probate.
Setting up bank accounts that automatically pay your chosen people after your death also works well.
While wills and trusts are still key tools for planning your estate, using several of these methods together is the best way to stay out of probate while keeping control of who gets what.
Working With Probate Attorneys
Hiring a good probate lawyer helps executors and beneficiaries handle the legal steps of managing an estate after someone dies. When picking a lawyer, look for someone who knows Florida probate laws well, has a solid track record, and explains things clearly.
Lawyer fees are set by state rules and can be charged by the hour or as a percentage of the estate.
Important things probate lawyers help with:
- Getting paperwork ready and filing court documents, like lists of assets, financial records, and plans for giving out property.
- Dealing with people the estate owes money to, handling taxes, and solving disagreements between beneficiaries.
- Speaking for you in probate court, including meetings and possible legal battles.
Good probate lawyers make the process easier, follow all legal rules correctly, and look out for everyone’s rights while staying neutral throughout the case.
Frequently Asked Questions
Can a Beneficiary Be Removed From a Will During the Probate Process?
Once probate starts, you can’t simply change who gets what in a will. The only way to remove a beneficiary is through legal action, like proving someone tricked the person making the will, forced their decisions, or by winning a formal challenge in court.
What Happens if the Original Will Is Accidentally Destroyed or Lost?
If the original will goes missing, the court can still move forward by piecing together what the will said. This can be done using trusted copies, people who saw the will, and other papers that show what the person wanted to do with their belongings.
Do Stepchildren Have the Same Inheritance Rights as Biological Children?
Stepchildren in Florida cannot get the same inheritance as biological children by default. They only receive equal rights to inherit if they are named in the will or if their stepparent has legally adopted them.
Can Creditors Force the Sale of Inherited Property to Settle Debts?
When someone owes money, debt collectors can legally take steps to make inherited property be sold to pay off what’s owed. They must first file their case in probate court and follow the right legal steps before they can force a sale.
How Are Family Heirlooms and Sentimental Items Distributed Without Specified Instructions?
When there are no clear instructions about family heirlooms in a will, family members usually work together to decide who gets what. If they can’t agree, courts help settle disagreements by looking at both the money value and emotional importance of these treasured items.
Conclusion
Dealing with probate in Miami means working within Florida’s laws and the local court system. You can make things easier by planning ahead – using tools like living trusts, sharing ownership of property, or naming who gets your assets directly. There are two main ways to handle probate: the full process or a shorter version. Getting help from a lawyer can make sure everything goes smoothly and follows the rules. If you own property in other countries, you’ll need special help to handle those assets correctly.
Need guidance with probate matters in Miami? Our team at Real Estate Law Fl is ready to help you navigate the process with confidence. Contact us today for expert legal assistance.