The probate process in Florida can feel overwhelming, especially during the emotional time after a loved one passes away. Families often ask: “What exactly happens during probate in Miami?”
The truth is, Florida has one of the more complex probate systems in the U.S., but with the right guidance, it can be manageable. In this article, we’ll walk you through the Florida probate process step by step, explaining how it works, how long it takes, and why having a Miami probate lawyer can make all the difference.
🔹 Step 1: Filing the Petition
-
Probate begins when someone (usually the nominated executor or a close family member) files a petition for administration with the probate court.
-
In Miami, this is filed with the Miami-Dade County Probate Court.
-
If there’s a will, it is submitted for validation. If there’s no will, the court determines heirs under Florida’s intestacy laws.
👉 Pro Tip: Only certain people can file the petition—usually the executor named in the will, or if no will exists, the closest heir.
🔹 Step 2: Appointment of a Personal Representative
-
The court appoints a personal representative (executor) to manage the estate.
-
The personal representative has fiduciary duties, meaning they must act in the best interest of the estate and heirs.
-
The court issues Letters of Administration, giving them legal authority.
📌 Local Note: In Miami, the executor must either be a Florida resident or closely related to the deceased (e.g., spouse, child, sibling).
🔹 Step 3: Notification to Beneficiaries and Creditors
-
All interested parties (heirs, beneficiaries, and creditors) must be notified.
-
Creditors are also notified through a public notice in a Miami newspaper, giving them 90 days to file claims.
-
Beneficiaries can also raise objections at this stage.
👉 A probate lawyer ensures notice is served correctly, preventing disputes later.
🔹 Step 4: Inventory and Appraisal of Assets
-
The personal representative must gather and document all estate assets.
-
Assets include real estate, bank accounts, vehicles, investments, and personal property.
-
Valuation is based on fair market value at the time of death.
📌 Example: A Miami condo worth $750,000 and a brokerage account valued at $200,000 must both be listed in the official probate inventory.
🔹 Step 5: Paying Debts and Taxes
Before heirs receive distributions, the estate must:
-
Pay outstanding bills and loans.
-
Cover funeral and medical expenses.
-
Handle state and federal taxes.
-
Pay court costs and attorney fees.
👉 Florida does not have a state inheritance tax, but federal estate tax may apply to larger estates.
🔹 Step 6: Distributing Assets to Beneficiaries
-
After debts and taxes are settled, the remaining assets are distributed according to the will.
-
If there is no will, Florida’s intestate succession laws apply (spouse and children are first in line).
-
This step often causes disputes—especially in blended families.
🔹 Step 7: Closing the Estate
-
The personal representative files a final accounting with the court.
-
Once approved, the estate is closed, and the personal representative is discharged from duties.
📌 Checklist for Closing Probate:
-
✅ File tax returns.
-
✅ Pay all creditors.
-
✅ Distribute assets.
-
✅ File receipts from beneficiaries.
-
✅ Submit final report.
🔹 Timeline of Probate in Miami
-
Summary Administration: 3–6 months.
-
Formal Administration: 6–18 months.
-
Contested Estates: 2–3 years.
Delays often occur due to missing paperwork, disputes, or international property issues.
📌 Why a Probate Lawyer Makes the Process Easier
-
Ensures correct filings and deadlines.
-
Handles disputes with creditors or heirs.
-
Prevents delays in court approval.
-
Guides executors in fulfilling fiduciary duties.
Without legal guidance, even simple cases can become overwhelming.
Conclusion
The Florida probate process may seem complicated, but breaking it down step by step makes it clearer. From filing the petition to closing the estate, every stage must be handled carefully to protect heirs and avoid disputes.
A Miami probate lawyer ensures that your family’s case runs smoothly, deadlines are met, and your loved one’s legacy is preserved.
📞 If you’re beginning probate in Miami, call us today for a free consultation. We’ll guide you through each step of the process with clarity and compassion.
