A Miami Family’s Checklist for Florida Probate (Surrogate’s Court Explained)

Families who move to Miami from New York often ask attorneys where the “Surrogate’s Court” is. The honest answer: Florida doesn’t have one. The function that a Surrogate’s Court performs up north is handled here by the Probate Division of the Eleventh Judicial Circuit Court in Miami-Dade County. The job is the same—validate the will, appoint a personal representative, pay debts, and distribute what’s left—but the rules come from Florida’s Probate Code (Chapters 731–735), not New York’s SCPA. Here is a practical checklist to orient you.

Step 1: Figure out which administration you need

Florida offers two main tracks. Summary administration is available when the estate’s non-exempt assets are worth $75,000 or less, or when the decedent has been dead for more than two years. It’s faster and cheaper. Formal administration is the full process, required for larger estates and whenever a personal representative needs ongoing authority. Many Miami estates qualify for summary administration once you set aside the homestead and other exempt property—so do this math before assuming you face the long road.

Step 2: Locate the will and the assets

• The original signed will—Florida requires the original under §732.502, with two witnesses; a photocopy creates problems.
• Deeds for any Miami-Dade real estate (check whether the home was the decedent’s homestead).
• Bank, brokerage, and retirement account statements.
• Beneficiary designations and any revocable trust (Chapter 736) documents.

Step 3: Know what skips probate entirely

Not everything goes through the courthouse downtown. Assets that pass outside probate include jointly titled property with survivorship rights, payable-on-death accounts, life insurance with a named beneficiary, assets in a funded revocable trust, and real estate transferred via a Lady Bird (enhanced life estate) deed, which is recognized in Florida and lets the home pass automatically while preserving homestead protection during life.

Step 4: Account for Florida homestead

Florida’s constitutional homestead protection (Art. X, §4) is one of the strongest in the country and matters enormously in Miami’s real estate market. Homestead generally passes to a surviving spouse and descendants outside the reach of most creditors, but the constitution restricts how you can leave it if a spouse or minor child survives. Homestead status is decided as part of the probate, so flag it early.

Step 5: Retain a Florida probate attorney

In formal administration, Florida Probate Rule 5.030 requires the personal representative to be represented by a member of The Florida Bar (limited exceptions apply). This isn’t red tape—it reflects how procedural the process is.

Step 6: Expect the timeline

A straightforward formal administration in Miami-Dade often runs several months to a year, driven largely by the three-month creditor claim window after notice is published. Summary administration can resolve in weeks once filed.

One bit of good news for every Miami family: Florida has no state estate tax and no inheritance tax, so the only death-tax concern is the federal estate tax, which affects very large estates.

Consult a Florida attorney

Every estate has quirks—homestead, blended families, out-of-state property. Speak with a licensed Florida probate attorney about your specific situation in Miami-Dade before filing or signing anything.