Healthcare professionals often spend decades building thriving practices in Miami—medical offices, dental clinics, or specialty practices. But when a doctor or dentist passes away, their practice assets don’t just transfer automatically. They usually become part of the probate estate.
Probate involving medical practices raises unique challenges: ongoing patients, staff contracts, business partnerships, and professional licensing rules. A Miami probate lawyer ensures these assets are handled properly while protecting the value of the practice and the rights of heirs.
Why Medical Practices End Up in Probate
A healthcare practice may enter probate when:
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The deceased owned the practice outright in their name.
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Ownership wasn’t transferred into a trust or corporation.
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No succession plan was in place for partners or associates.
👉 Without proper planning, the probate court decides how ownership is transferred—sometimes disrupting patient care and business operations.
Types of Healthcare Practice Assets in Probate
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Physical Assets
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Medical equipment, dental chairs, diagnostic tools.
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Office furniture and technology systems.
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Real Estate
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Medical office buildings or leased clinic spaces.
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Patient Records
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HIPAA and privacy laws restrict how records can be handled.
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Contracts & Agreements
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Partnership agreements, vendor contracts, insurance contracts.
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Goodwill & Reputation
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The value of the practice’s brand and patient relationships.
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Challenges of Probate for Healthcare Practices
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Licensing Restrictions
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Only licensed professionals can own and operate medical or dental practices.
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Heirs who are not doctors or dentists cannot legally run the business.
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Patient Care Continuity
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Patients still need care, even during probate.
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Practices must transition smoothly to new owners or associates.
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Valuation Disputes
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Appraising goodwill and patient lists is complicated.
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Disagreements often arise among heirs and partners.
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Tax Issues
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Large medical practices may increase the taxable value of the estate.
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How a Probate Lawyer Helps with Healthcare Practices
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Business Continuity → Works with associates or partners to keep the practice running during probate.
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Ownership Transfer → Ensures compliance with licensing rules when heirs cannot directly inherit the practice.
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Valuation → Coordinates professional appraisals of both tangible assets and goodwill.
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Dispute Resolution → Mediates between heirs, partners, and employees.
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Tax & Legal Compliance → Guides estates through IRS and Florida Department of Health requirements.
📌 Example: A Miami dentist passed away unexpectedly. His probate lawyer worked with his dental associates to buy out the practice from the estate, ensuring patients continued to receive care while heirs received fair value.
Estate Planning Tips for Healthcare Professionals
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Professional Corporations (P.A. or PLLC) → Keep practice assets separate from personal assets.
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Buy-Sell Agreements → Allow partners to purchase the deceased’s interest directly.
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Trust Planning → Transfer ownership outside of probate.
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Succession Plans → Name licensed professionals to take over patient care.
👉 These tools help avoid disruptions for both patients and heirs.
FAQs About Probate for Healthcare Practices
Q: Can heirs inherit a medical practice directly?
👉 Only if they are licensed professionals. Otherwise, the practice must be sold.
Q: What happens to patient records in probate?
👉 They must be transferred in compliance with HIPAA laws.
Q: How long does it take to probate a medical practice?
👉 Usually 6–18 months, but longer if disputes or sales are involved.
Conclusion
Probate involving healthcare professionals’ practices is more complex than ordinary estates. With licensing rules, patient records, and business operations at stake, families need experienced legal guidance.
A Miami probate lawyer helps protect practice value, maintain continuity of care, and ensure heirs receive their fair share.
📞 If your family is facing probate involving a medical or dental practice in Miami, contact our probate lawyers today. We’ll protect your loved one’s legacy and guide you through the process.
