Miami Probate Lawyer: Formal Administration, Summary Administration
Attorney Yanitza Schoonover handles every stage of Miami-Dade probate: from filing the petition to final distribution. Written quote before any work begins. Bilingual English and Spanish. Florida Bar #124081.
Miami Probate Lawyer Serving Miami-Dade County Families
When someone dies with assets titled in their name alone in Florida, those assets must pass through probate court before any family member can access, sell, or transfer them. For most Miami-Dade County families, that means filing a probate petition with the Miami-Dade Circuit Court, Probate Division, and waiting months before the estate can be closed.
Attorney Yanitza Schoonover handles formal administration, summary administration, and ancillary probate for Miami-Dade families from her office on Waterford District Drive in Miami. She provides full probate representation in both English and Spanish, handles every matter personally, and provides a written quote before any legal work begins.
A personal representative trying to understand what Florida probate requires. A beneficiary waiting on an inherited property. An out-of-state heir dealing with a Miami estate. This page explains what comes next and how Attorney Schoonover can help with each situation.
9-24 Months: Formal Administration
Average timeline for formal administration in Miami-Dade Circuit Court from filing to final distribution.
4-8 Weeks: Summary Administration
Typical resolution time for qualifying summary administrations in Miami-Dade (estates under $75,000 or over 2 years after death).
3% Statutory Attorney Fee
Florida law sets attorney fees for probate under F.S. 733.6171. A $400K Miami-Dade home costs $12,000 in attorney fees before your family sees a dollar.
Surprise Billing
Written quote before any legal work begins. No competing Miami probate firm offers this commitment upfront.
What Miami Probate Actually Costs Under Florida Law
Florida probate costs are not negotiable for the attorney portion. Under Florida Statutes Section 733.6171, attorneys in a Florida probate proceeding are entitled to statutory fees based on the gross value of the probate estate. These fees apply regardless of how straightforward the estate is.
| Estate Value | Statutory Attorney Fee Under F.S. 733.6171 |
|---|---|
| First $40,000 | $1,500 flat (not a percentage) |
| $40,001 to $70,000 | $2,250 |
| $70,001 to $100,000 | $3,000 |
| $100,001 to $1,000,000 | 3% of the estate value |
| $1,000,001 to $3,000,000 | 2.5% of the amount above $1 million |
| Above $3,000,000 | 2% of the amount above $3 million |
These fees are in addition to court filing fees, publication costs, and other estate administration expenses. For a $400,000 Miami-Dade home titled solely in the decedent’s name, the statutory attorney fee alone is $12,000 before the family receives a single dollar. For a $700,000 estate, that rises to $21,000. This is why probate avoidance planning through a revocable living trust and Lady Bird Deed matters so much before a death occurs.
Formal Administration vs. Summary Administration: Which One Applies?
Florida offers two types of probate proceedings for most estates. Understanding which one applies is the first question an experienced Miami probate lawyer will answer.
Summary Administration
Available when the total value of the probate estate does not exceed $75,000, or when the decedent has been dead for more than two years. It involves filing a petition with the Miami-Dade Probate Court and obtaining an order directing distribution of assets directly to the beneficiaries without appointing a personal representative.
Summary administration is significantly faster and less expensive than formal administration. Typical resolution in Miami-Dade is 4 to 8 weeks.
Formal Administration
Required when the probate estate exceeds $75,000 and the decedent has not been dead for more than two years. Involves appointing a personal representative through the Miami-Dade Circuit Court, publishing notice to creditors, conducting an estate inventory, paying creditor claims, filing required accountings, and distributing the remaining estate to beneficiaries.
The personal representative receives letters of administration from the court, which authorize them to manage the estate. Typical timeline in Miami-Dade is 9 to 24 months. Contested estates take longer.
What a Personal Representative Must Do in a Miami Probate Case
If you have been named personal representative in a will or appointed by the Miami-Dade Probate Court, you have accepted legal responsibility for administering the estate. These are fiduciary duties, you are legally required to act in the best interests of the beneficiaries and creditors, not your own.
File the original will with the Miami-Dade Circuit Court
Petition for formal administration within a reasonable time of the decedent's death.
Obtain letters of administration
The court-issued document that authorizes you to manage estate assets and open estate bank accounts.
Publish a notice to creditors
In a qualifying Miami-Dade County newspaper for two consecutive weeks. Notify all known creditors of the probate proceeding.
Conduct an estate inventory
Identify and value all probate assets as of the date of the decedent's death and file that inventory with the probate court.
Pay valid creditor claims
Pay estate expenses in the order of priority established by Florida law.
A personal representative who fails these fiduciary duties can be held personally liable for losses to the estate. Attorney Schoonover advises personal representatives throughout every stage of formal administration from appointment through discharge.
Miami Probate Attorney for Out-of-State Heirs and Ancillary Probate
Two specific situations arise frequently in Miami-Dade probate cases that no competing firm addresses with dedicated content.
Out-of-State Heirs
Many Miami-Dade estates involve heirs at law or beneficiaries who live outside Florida. Being an out-of-state heir does not disqualify you from serving as personal representative or receiving your inheritance, but it creates real practical challenges.
Florida requires a non-resident personal representative to be represented by a Florida attorney. Out-of-state heirs must be properly notified under Florida Probate Rule 5.040, and all formal documents must meet Florida execution requirements regardless of where the heir lives.
Attorney Schoonover represents out-of-state heirs and personal representatives throughout the Miami-Dade formal administration process, handling every filing and court appearance on their behalf.
Ancillary Probate
If a person died as a resident of another state but owned real property in Miami-Dade County, that Miami property cannot be transferred under the probate proceeding in the decedent’s home state.
A separate Florida ancillary probate proceeding must be opened in Miami-Dade Circuit Court under Florida Statutes Section 734.001, even when the primary estate has already been fully probated elsewhere.
Attorney Schoonover handles ancillary probate for families who need to transfer Miami-Dade real property as part of an estate administered in another state.
- Super Lawyers Rising Stars 2021 through 2026
- 2024 Elite Lawyer Award
- Florida Bar #124081, admitted September 2016
Why Choose The Schoonover Law Firm for Probate in Miami?
Yanitza Schoonover is a Florida Bar licensed probate attorney based in Miami with 13 years of Florida estate law experience. She holds Florida Bar number 124081 with active good standing status and handles every probate matter for Miami-Dade County families personally, from the initial petition through the final distribution and petition for discharge.
Miami probate requires more than filing paperwork. The Florida statutory fee schedule under F.S. 733.6171, Miami-Dade Circuit Court’s specific probate procedures, the notice to creditors publication requirements, and the distinct rules governing out-of-state heirs and ancillary probate demand an attorney who knows this court, handles every filing without delegation, and provides a written fee quote before any work begins.
Every probate filing, every court interaction, and every client communication handled personally by Attorney Schoonover.
Years in Estate Law
Years Licensed
Consecutive Rising Stars
Weekly Availability
Why Miami-Dade Families Choose The Schoonover Law Firm for Probate
The established probate firms serving Miami-Dade County each have limitations. Bryant Law Firm has served Miami since 1998 but does not state probate costs and offers no written fee commitments. Niebla Probate Firm has strong process documentation but no fee transparency and no out-of-state or ancillary probate depth. Miami Probate Attorneys operates 9am to 5pm Monday through Friday with no extended availability.
Written Quote Before Any Work Begins
No competing Miami probate firm offers this. You know exactly what the representation will cost before you commit to any legal work.
Direct Attorney Representation
Attorney Schoonover handles every probate filing, every court interaction, and every client communication personally.
Out-of-State & Ancillary Probate
No competing Miami probate firm specifically addresses these situations. Out-of-state heirs and ancillary probate are core services here.
Bilingual Probate in English and Spanish
Full probate representation in both languages for Miami-Dade families who prefer Spanish. Hablamos Español.
Extended Availability Beyond 9 to 5
In-person Mon–Fri before 5 PM. Evening and weekend consultations by phone or Zoom only, Mon–Sun 8 AM to 9 PM.
Estate Planning to Prevent Future Probate
Revocable living trusts and Lady Bird Deeds eliminate the need for probate entirely. If you are in probate now, she can help you plan to avoid it for the next generation.
Miami Probate Questions from Miami-Dade Families
Common questions Attorney Schoonover receives from Miami-Dade personal representatives, beneficiaries, and heirs during initial consultations.
How long does probate take in Miami-Dade County?
Summary administration, available when the probate estate is 5,000 or less or the decedent has been dead more than two years, typically resolves in 4 to 8 weeks in Miami-Dade Circuit Court. Formal administration typically takes 9 to 24 months. Contested probate cases involving will disputes, creditor conflicts, or missing heirs take longer. The Miami-Dade Probate Division’s caseload and the responsiveness of the personal representative and beneficiaries are the two primary factors that determine how quickly an uncontested estate closes.
Do I need a probate lawyer if there is no will?
Yes, and typically more so than when a will exists. When a Florida resident dies without a valid will (intestate), the estate must still pass through probate court. Distribution is governed by Florida’s intestate succession rules under Florida Statutes Chapter 732. The court appoints a personal representative who must locate all heirs at law, publish notice to creditors, inventory the probate assets, pay valid claims, and distribute the estate to the correct legal heirs in the correct shares. Personal representatives without legal guidance frequently miss notice requirements, misidentify heirs, or fail to meet court deadlines, which can result in personal liability.
Can I handle Miami probate myself without an attorney?
Florida law permits self-representation for certain summary administrations, but formal administration requires attorney representation under Florida Probate Rule 5.030 for personal representatives who are not the sole interested party. Even in summary administration, the petition must meet specific Florida formatting requirements, and incorrect filings are routinely rejected by the Miami-Dade Probate Court. For most Miami-Dade families, the cost of attorney representation is justified by the reduced risk of errors, delays, and personal liability.
Does The Schoonover Law Firm handle probate in Spanish?
Yes. Attorney Schoonover provides full probate representation in both English and Spanish. Every consultation and every client update can be conducted in Spanish for Miami-Dade families who prefer it. Hablamos Español. Call (305) 299-7496 or email info@estateplanningattorney.us to schedule a free probate consultation.
Free Probate Attorney Consultation: Miami-Dade County
Whether you are a personal representative who has just been named in a will, a beneficiary waiting on an inherited property, or an out-of-state heir dealing with a Miami estate, the right first step is a free consultation to understand what Florida probate requires in your specific situation.
Attorney Schoonover also drafts revocable living trusts and Lady Bird Deeds that eliminate the need for probate entirely for most families. If you are in probate now and want to avoid it for the next generation, she can help with that too.
Start With a Free Consultation
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Email info@estateplanningattorney.us
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Schedule a Free Consultation at estateplanningattorney.us
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In-person meetings by appointment only.
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English and Spanish, Hablamos Español
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Flat fee for estate planning, fee quote provided before any work begins
