Hiring a probate lawyer is one of the most important decisions you’ll make after a loved one passes away. The right attorney can guide you through Florida’s complex probate process, save you time and money, and protect your family’s inheritance. But not all lawyers are the same—and asking the right questions before hiring is key.
Here are 10 essential questions to ask a probate lawyer in Miami before making your choice.
Question 1: How Many Probate Cases Have You Handled in Miami?
Experience matters. Probate laws vary by state, and Miami has its own court procedures. Ask about their track record with Miami-Dade Probate Court to ensure they’re familiar with local judges and filing requirements.
Question 2: Do You Specialize in Probate, or Do You Practice Other Areas of Law?
Some lawyers are general practitioners, while others focus primarily on probate and estate law. A dedicated probate attorney will usually handle cases more efficiently and anticipate issues that less experienced lawyers might miss.
Question 3: How Do You Charge for Probate Cases?
Fee structures can vary:
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Percentage of the estate’s value (common in formal administration).
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Flat fee (common in summary administration).
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Hourly rates (used in contested or complex cases).
Be sure to clarify not only the structure, but also who pays—in Florida, fees usually come from the estate, not heirs’ pockets.
Question 4: How Long Do You Expect My Case to Take?
In Miami, probate timelines range:
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3–6 months for summary administration.
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6–18 months for formal administration.
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2–3 years if disputes arise.
A lawyer should give you a realistic estimate based on the size and complexity of your case.
Question 5: How Will You Communicate With Me?
Probate is a long process. Ask about:
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Response times for calls and emails.
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Whether you’ll communicate directly with the lawyer or through staff.
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How often you’ll receive updates.
Red Flag: If a lawyer seems too busy to explain things clearly during the consultation, they may not give you enough attention later.
Question 6: Have You Handled Cases Involving International or Out-of-State Assets?
Many Miami families own property in multiple states or abroad. If your loved one had a condo in Miami but lived in another country, you’ll need a lawyer experienced with ancillary probate and international estates.
Question 7: What Is Your Experience With Contested Probate Cases?
Family disputes are common in probate. Ask how the lawyer handles:
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Will contests.
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Beneficiary disputes.
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Allegations of executor misconduct.
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Sibling rivalries over inheritance.
You want someone skilled in both mediation and litigation.
Question 8: How Do You Handle Creditor Claims?
Creditors often file claims against estates—sometimes legitimate, sometimes not. A good lawyer will:
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Review all claims.
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Dispute improper debts.
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Protect heirs from losing more of the estate than necessary.
Question 9: Do You Also Offer Estate Planning Services?
Some probate lawyers also provide estate planning. If so, they can help you set up trusts, Lady Bird deeds, or beneficiary designations to prevent future probate for your heirs.
Question 10: Why Should I Choose You Over Other Probate Lawyers in Miami?
This is your chance to hear what makes them unique. Look for:
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Local knowledge.
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Years of experience.
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Positive reviews and testimonials.
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A compassionate, client-focused approach.
Conclusion
Asking these 10 questions will help you find a probate lawyer in Miami who is experienced, trustworthy, and the right fit for your family’s needs. Remember, the goal is not just to get through probate—it’s to do so efficiently, fairly, and with as little stress as possible.
📞 If you’re ready to get answers from experienced Miami probate lawyers, contact us today for a free consultation. We’ll guide you every step of the way.
