When someone dies in Miami-Dade County, their assets have to go somewhere. How they get there and how long it takes, depends on whether the estate goes through probate or trust administration. These are two very different processes, with different timelines, different costs, and different levels of court involvement. This page explains both, when each applies, and what Miami families should expect.
What Is Probate in Florida?
Probate is the court-supervised process of settling a deceased person’s estate. When someone dies owning assets in their name alone, without a named beneficiary, a trust, or a joint owner, those assets are frozen until the probate court formally transfers them to the right heirs.
The Miami-Dade probate court oversees the process. A judge appoints a personal representative (sometimes called an executor), who is responsible for gathering the estate’s assets, notifying creditors, paying valid debts, and eventually distributing what remains to the beneficiaries named in the will: or, if there is no will, to heirs under Florida’s intestate succession law.
Florida has two types of probate proceedings:
Formal Administration
This is the standard probate process. It applies when the estate is worth more than $75,000 or when the person died within the past two years. Formal administration requires opening a probate case in the circuit court, publishing a creditor notice, and completing a multi-step legal process that typically takes six months to over a year in Miami-Dade County.
Summary Administration
A simplified process available when the total estate value is $75,000 or less, or when the person has been dead for more than two years. It is faster and less expensive than formal administration but still requires a court petition and judge approval.
What Is Trust Administration?
Trust administration is the process of settling an estate through a revocable living trust. When someone creates a trust during their lifetime and transfers their assets into it, those assets no longer go through probate when they die, the trust itself owns them, and the successor trustee distributes them privately according to the trust’s instructions.
There is no court involved. No creditor notice period. No public record. The successor trustee simply follows the trust document and transfers assets to beneficiaries, often within weeks of the person’s death rather than months or years.
What Does a Successor Trustee Do?
A successor trustee takes over management of the trust after the original trustee (usually the person who created the trust) dies or becomes incapacitated. Their responsibilities include:
- Notifying beneficiaries that trust administration has begun
- Gathering and inventorying all trust assets
- Paying any outstanding debts the trust owes
- Filing final income tax returns and, if required, a trust tax return
- Distributing trust assets to beneficiaries according to the trust terms
- Preparing a final trust accounting
Even without court supervision, trust administration has legal requirements. A trustee who mismanages the process can be held personally liable to beneficiaries.
When Is Probate Required in Florida?
Probate is required in Florida whenever a person dies owning assets in their personal name alone, with no named beneficiary, no trust, and no surviving joint owner. Common examples include:
- A bank account titled only in the deceased’s name with no payable-on-death designation
- Real estate owned solely by the deceased without a Lady Bird Deed or trust
- A vehicle titled only in the deceased’s name
- Investment or brokerage accounts with no beneficiary designation on file
- Personal property over $75,000 total, with no transfer mechanism in place
Probate is not required for assets that pass outside the estate, life insurance with a named beneficiary, retirement accounts with a designated beneficiary, jointly owned property with rights of survivorship, or assets held in a properly funded trust.
Does a Trust Avoid Probate in Florida?
Yes — a funded revocable living trust avoids Florida probate entirely for the assets it holds. The key word is funded. A trust that was created but never had assets transferred into it provides no probate protection. If the deed to the house was never re-titled in the trust’s name, that house still goes through probate.
For real estate specifically, a Lady Bird Deed (enhanced life estate deed) is often a simpler and less expensive alternative to a full trust. It transfers the property directly to named heirs at death without probate, while the owner retains full control during their lifetime; including the right to sell, mortgage, or change the beneficiary.
Both tools; a funded trust and a Lady Bird Deed, are effective strategies for avoiding probate in Florida. Which one makes more sense depends on the size and complexity of the estate.
Probate vs. Trust Administration: Side-by-Side Comparison
| Factor | Probate | Trust Administration |
|---|---|---|
| Court involvement | Required; judge supervises the process | None; private, out of court |
| Timeline | 6 months to 18+ months in Miami-Dade | Weeks to a few months |
| Privacy | Public record; anyone can look up the estate | Private; beneficiaries and assets are not public |
| Attorney fees | Florida law allows up to ~3% of estate value as a statutory fee | Typically lower; no court filings, no statutory fee formula |
| Creditor claims | Formal 90-day creditor notice period | No mandatory creditor notice period, but debts must still be paid |
| Out-of-state property | Requires separate ancillary probate in each state | Trust covers all states; no separate proceedings |
| Works without a will | Yes; intestate succession law applies | N/A; the trust document controls, regardless of a will |
Probate and Trust Administration: Step by Step
Understanding what each process actually involves helps families know what to expect during one of the most difficult times they will face.
Probate administration: main steps:
- File the will (if there is one) and a petition to open probate with the Miami-Dade circuit court
- Court appoints the personal representative and issues letters of administration
- Personal representative publishes a creditor notice and notifies known creditors
- Personal representative inventories all estate assets and files the inventory with the court
- Pay valid creditor claims, estate debts, and any taxes owed
- File a final accounting with the court showing all income, expenses, and distributions
- Court approves the accounting and authorizes distribution to heirs
- Personal representative transfers assets, closes accounts, and records deeds to beneficiaries
Trust administration: main steps:
- Successor trustee gathers the trust document and death certificate
- Notifies all beneficiaries that trust administration has begun (Florida law requires this)
- Inventories trust assets and retitles or transfers accounts into the trustee’s name
- Pays outstanding debts and any taxes owed by the trust or the deceased
- Prepares a trust accounting and distributes assets to beneficiaries
- Closes trust accounts and formally terminates the trust
Miami-Dade Probate Court: What Families Need to Know
All Florida probate cases in Miami-Dade County are filed in the Miami-Dade Circuit Court’s probate division. The court is located at the Lawson E. Thomas Courthouse Center. Probate is handled by circuit court judges, and every step; from the initial petition to the final accounting; requires court filings with specific deadlines and formatting requirements.
Miami-Dade probate can move slowly. Creditors have 90 days from the date of published notice (or 30 days from direct notice, whichever is later) to file claims. During that window, the personal representative cannot distribute assets to heirs. Court scheduling backlogs can add additional time beyond that.
For estates with disputed assets, contested wills, or creditor claims that the personal representative disputes, the process can extend well beyond a year; sometimes two or more. An experienced Miami probate attorney manages the filings, deadlines, and court appearances so the family does not have to navigate the court system alone.
Cost of Probate vs. Trust Administration in Miami
Cost is often the single most important factor in choosing between probate and a trust or in deciding to put a trust in place before death.
Florida Statutes set a guideline for reasonable attorney fees in probate based on the gross estate value:
- 3% on the first $1 million
- 2.5% on amounts from $1 million to $3 million
- 2% on amounts from $3 million to $5 million
For a Miami home worth $800,000; well below the Bal Harbour or South Beach average, the attorney fee alone can approach $24,000. The personal representative is also entitled to a fee of the same percentage. Court filing fees, publication costs, and accounting fees add more.
Trust administration costs are generally much lower because there is no court process. The attorney fee for trust settlement work is typically billed hourly or as a flat fee, and there are no statutory minimums tied to estate value. The upfront cost of creating a trust is real, it is more expensive than a will, but most families find the probate savings significant.
Frequently Asked Questions: Probate vs. Trust Administration in Miami
What is the difference between probate and trust administration?
Probate is a court-supervised process for settling estates where assets were titled in the deceased’s personal name. Trust administration is a private, out-of-court process for settling assets held in a trust. Probate becomes a public record and typically takes six months to over a year in Miami-Dade. Trust administration is private and usually completed within weeks to a few months, without any court involvement.
When is probate required in Florida?
Probate is required in Florida whenever a person dies owning assets solely in their own name with no beneficiary designation, no surviving joint owner, and no trust. It does not matter whether they had a will, a will only controls probate assets. Assets with named beneficiaries (life insurance, retirement accounts), jointly owned property, and trust assets all pass outside probate without court involvement.
Does a trust avoid probate in Florida?
Yes — a properly funded revocable living trust avoids Florida probate entirely for the assets it holds. Every asset must actually be transferred into the trust’s name while the owner is alive. A trust that was never funded provides no probate protection. For Florida real estate, a Lady Bird Deed can also avoid probate without a full trust, often at a lower cost.
What does a personal representative do in Florida probate?
A personal representative: sometimes called an executor, is appointed by the court to administer the estate. Their duties include filing the probate petition, notifying creditors and heirs, inventorying estate assets, paying debts and taxes, preparing a final accounting, and distributing what remains to beneficiaries. The personal representative has a fiduciary duty to act in the estate’s best interest and can be held personally liable for mismanagement.
What does a successor trustee do after someone dies?
A successor trustee takes over the trust after the person who created it dies. Their job is to notify beneficiaries that trust administration has begun, gather and inventory trust assets, pay outstanding debts, file any required tax returns, distribute assets to beneficiaries according to the trust document, and close the trust. Florida law requires the trustee to provide a formal notice to beneficiaries within 60 days of beginning administration.
How much does probate cost in Miami-Dade County?
Florida law sets a guideline for attorney fees in probate: approximately 3% of the gross estate value for the first $1 million. The personal representative is also entitled to a fee of the same percentage. On an $800,000 estate, combined attorney and personal representative fees can reach $48,000 before court filing fees, publication costs, or accounting fees. Trust administration typically costs significantly less because it avoids the court process entirely.
Can I avoid probate without a trust in Florida?
Yes. Florida offers several probate avoidance tools that do not require a full trust: a Lady Bird Deed transfers real estate directly to heirs at death without probate; payable-on-death designations on bank and investment accounts pass funds directly to named beneficiaries; beneficiary designations on life insurance and retirement accounts do the same. For real estate, the most common probate asset in Miami; a Lady Bird Deed is often the simplest and least expensive solution.
Talk to a Miami Estate Administration Attorney
Whether your family is dealing with an open probate case or you want to set up a trust to spare them the process entirely, the right legal guidance makes a significant difference in cost, time, and peace of mind.
Attorney Yanitza Schoonover helps Miami-Dade families with probate administration, trust settlement, estate planning, and Lady Bird Deeds; in English and Spanish. Schedule a free consultation or call (305) 299-7496 to speak with a probate attorney about your estate.
