When a loved one passes away, many young Miami families encounter probate for the first time and have no idea what it means. Probate is the court-supervised process of identifying a deceased person’s assets, paying their debts, and transferring what remains to the heirs or beneficiaries. In Florida it is governed by the Probate Code, Chapters 731 through 735 of the Florida Statutes. This page gives first-time planners a plain overview.
When Probate Is Required
Probate is generally needed when a person dies owning assets in their sole name with no beneficiary designation or surviving co-owner. Assets that pass automatically, such as jointly titled property, payable-on-death accounts, and life insurance with a named beneficiary, usually avoid probate. This is exactly why thoughtful planning, like a funded revocable trust, can spare your family the process entirely.
Summary Administration
Florida offers a streamlined path called summary administration. Under §735.201, it is available when the value of the probate estate (excluding exempt property such as homestead) is $75,000 or less, or when the person has been deceased for more than two years. Summary administration is faster and less expensive because there is no appointed personal representative managing the estate over time. For smaller estates, this can resolve matters in a matter of weeks rather than months.
Formal Administration
Larger or more complex estates use formal administration, the standard Florida probate process. Here the court appoints a personal representative who gathers assets, notifies creditors, pays valid claims, files required documents, and distributes the estate. Formal administration is required when the estate exceeds the summary threshold or when an active representative is needed to handle assets, sell property, or litigate claims.
Florida Homestead and Probate
The family home receives special treatment. Florida’s homestead protections shield the primary residence from most creditors and restrict how it passes when there is a surviving spouse or minor child. Because of these rules, the home is often handled separately from the rest of the estate, and a court order may be needed to confirm who owns it.
How Long and How Much
Formal administration in Miami-Dade County commonly takes several months or longer, depending on creditors, disputes, and the assets involved. Costs include court fees and attorney fees. Avoiding probate is often a key goal of the planning we do for young families precisely because it saves time, money, and privacy.
Consult a Florida Attorney
This overview is general information, not legal advice. Whether probate is required, and which type applies, depends on the specific assets and facts. Please consult a licensed Florida attorney before starting or responding to a probate matter in Miami-Dade County.
For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles Article 81 guardianship in New York.
