Probate is the court process that settles a person’s estate after death. In Miami-Dade County, it runs through the Circuit Court’s probate division, and many families want to keep their homes and savings out of it. Here are the questions we hear most often.
Why do so many Miami families want to avoid probate?
Florida probate (governed by Chapters 731-735 of the Florida Statutes) can take months and is a public court file. For families juggling assets across South Florida, snowbird relatives, or non-citizen heirs, the delay and exposure are the main worries. Avoiding probate usually means faster access to assets and more privacy.
Isn’t there a faster version of probate in Florida?
Yes. Florida offers summary administration when the estate (excluding exempt property like homestead) is worth $75,000 or less, or when the person has been deceased more than two years. Larger estates generally require formal administration, which appoints a personal representative. Summary administration is quicker, but it is still a court proceeding, so true avoidance means keeping assets out of probate altogether.
What’s the most common way to avoid probate?
A revocable living trust (under Florida’s Trust Code, Chapter 736). You transfer assets into the trust during your lifetime and name a successor trustee to distribute them at death, with no court involvement. Many Miami homeowners use a trust to coordinate a primary residence, a condo, and out-of-state property in one document. The key step people forget is actually retitling assets into the trust; an unfunded trust does nothing.
What about my house and the homestead protections?
Florida’s homestead protection (Article X, Section 4 of the state Constitution) shields your primary residence from most creditors, but it does not automatically avoid probate. A popular Miami solution is the enhanced life estate deed, often called a Lady Bird deed. It lets you keep full control and sell or mortgage the home during your life, then passes it to named beneficiaries at death without probate, while preserving homestead and Save Our Homes benefits.
Can I just add beneficiaries to my accounts?
Often, yes. Bank accounts can be set up as payable-on-death (POD), brokerage accounts as transfer-on-death (TOD), and life insurance and retirement accounts pass by beneficiary designation. These transfer outside probate automatically. The caution: keep designations updated after a divorce, death, or new child, and coordinate them with the rest of your plan so one heir isn’t accidentally favored.
Does a will avoid probate?
No, and this surprises many people. A valid Florida will (executed under Section 732.502 with two witnesses) directs how probate assets are distributed, but it must go through the court to take effect. A will is a backstop, not a probate-avoidance tool. To truly skip court, you pair the will with trusts, deeds, and beneficiary designations.
Does avoiding probate override a spouse’s rights?
Not entirely. Florida protects a surviving spouse through the elective share (Section 732.2065 and following), generally 30% of the elective estate, which can reach assets in trusts and POD accounts. Homestead also has special rules limiting how you can leave the family home if you have a spouse or minor child. A plan built around these rules avoids unpleasant surprises.
A note for Miami families
Probate avoidance is rarely one document; it is a coordinated set of tools matched to your assets and family. Because homestead, elective share, and trust funding interact in technical ways, consider speaking with a licensed Florida estate planning attorney before relying on any single strategy. This article is general information, not legal advice.
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For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
