Real estate is at the heart of most probate cases in Miami. Whether it’s a family home in Coral Gables, a vacation condo in Miami Beach, or an investment property in Brickell, transferring ownership after death requires careful legal steps.
In Florida, real estate doesn’t automatically pass to heirs unless it’s jointly owned or in a trust. Instead, it usually must go through probate. In this guide, we’ll explain how probate works for Miami real estate, the challenges families face, and how a probate lawyer can help protect property value and heirs’ rights.
Why Real Estate Goes Through Probate in Florida
Real estate must go through probate when:
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The property is titled solely in the deceased’s name.
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No joint ownership or survivorship rights are listed.
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The property wasn’t transferred into a trust before death.
Without probate, heirs cannot legally sell, transfer, or mortgage the property.
Step-by-Step: Probate for Real Estate in Miami
Step 1: File Probate Petition
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Begins with filing in Miami-Dade Probate Court.
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Court appoints a personal representative (executor).
Step 2: Inventory & Appraisal
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The property must be formally appraised at fair market value.
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This valuation is important for tax purposes and future sales.
Step 3: Notify Heirs & Creditors
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Heirs and creditors are formally notified.
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If there are disputes, the process may slow down.
Step 4: Clear Debts & Mortgages
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Any outstanding mortgage or liens must be paid before heirs receive the property.
Step 5: Transfer or Sell the Property
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Property can be transferred to heirs via court order.
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Alternatively, the executor may sell the property to pay debts and distribute proceeds.
Challenges of Miami Real Estate Probate
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Homestead Property Rules
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Florida’s homestead laws provide strong protections, but also strict rules on who can inherit.
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Spouses and minor children have priority rights.
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Multiple Heirs
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Disputes often arise when siblings disagree about keeping or selling the property.
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International Ownership
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Many Miami condos are owned by foreign nationals, requiring ancillary probate.
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Investment Properties
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Rental properties must be managed during probate to prevent financial loss.
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How a Probate Lawyer Helps with Real Estate
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Title Transfer: Ensures deeds are properly recorded.
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Homestead Exemptions: Protects surviving spouses’ and children’s rights.
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Property Sales: Manages the legal process for selling property during probate.
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Dispute Resolution: Mediates conflicts between heirs over property.
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Tax Guidance: Advises on capital gains and estate tax issues.
Example: A Miami family inherited a condo in Sunny Isles. The siblings disagreed on whether to sell or keep it. Their probate lawyer negotiated a fair buyout, avoiding years of conflict.
FAQs About Real Estate in Probate
Q: Can a house be sold before probate is finished?
Yes, but only with court approval and proper legal steps.
Q: What if the property has a mortgage?
The estate must settle the debt before transfer, or heirs may take over the mortgage.
Q: Do foreign heirs have the right to inherit Miami real estate?
Yes, but international ownership often requires extra legal steps.
Conclusion
For Miami real estate owners, probate is often the key step in transferring property after death. Whether it’s a homestead, vacation condo, or investment property, the process must be handled carefully to protect value and ensure compliance with Florida law.
A Miami probate lawyer helps families navigate property appraisals, title transfers, homestead laws, and disputes—ensuring real estate is passed on smoothly.
📞 If you’re dealing with Miami real estate in probate, call us today. We’ll guide you step by step through protecting and transferring your property.
