Florida Probate Administration

When a Miami retiree or seasonal resident passes away, the family often faces probate, the court-supervised process of settling the estate. Understanding how Florida probate works helps you plan ahead to minimize it and helps surviving family members navigate it when the time comes. Our practice guides families through both planning and administration.

The Florida Probate Code

Probate in Florida is governed by the Florida Probate Code, Chapters 731 through 735. The court oversees gathering the decedent’s assets, paying valid debts and expenses, and distributing what remains to the beneficiaries or heirs. Probate is generally required for assets owned individually by the decedent without a beneficiary designation or trust.

Summary Administration

Florida offers a streamlined process called summary administration. It is available when the value of the probate estate subject to administration does not exceed the statutory threshold, or when the decedent has been deceased for more than two years. Summary administration is faster and less expensive than the formal process and does not require appointing a personal representative. For modest estates or longtime snowbirds whose affairs have sat unresolved, it is often the right fit.

Formal Administration

Larger or more complex estates proceed through formal administration. The court appoints a personal representative who is issued letters of administration, gives notice to creditors, inventories assets, and ultimately distributes the estate. Florida limits who may serve as personal representative; a non-resident generally must be a close relative of the decedent. This process typically takes several months or longer.

Ancillary Probate for Two-State Lives

Snowbirds often own property in both Florida and a northern state. If a retiree was domiciled elsewhere but owned a Miami home in their own name, Florida ancillary administration may be needed to transfer the Florida property. Conversely, out-of-state real estate owned by a Florida resident can trigger probate in that other state. Good planning, often using a trust or a Lady Bird deed, avoids these duplicate proceedings.

Homestead and Creditor Issues

Florida’s homestead protections affect probate in important ways. Protected homestead generally passes outside the reach of most creditors and follows the constitution’s descent rules, which can override the will when a spouse or minor child survives. Determining homestead status early shapes the entire administration.

Planning to Spare Your Family

The best way to ease probate is to plan before it is needed, through funded trusts, beneficiary designations, and proper titling. We help retirees structure their estates so survivors face as little court involvement as possible.

Consult a Florida Attorney

This overview is general information, not legal advice, and every estate is different. Probate deadlines and homestead rules are unforgiving. Please consult a licensed Florida probate attorney for guidance on a specific estate. We assist Miami families and the heirs of seasonal residents through Florida administration.