If you are named in a will or stand to inherit from a Florida estate, you are not a bystander. Florida law gives beneficiaries enforceable rights during probate, and a personal representative who ignores them can be held accountable. Use this checklist to understand what you are entitled to in a Miami-Dade probate case.
The Right to Notice
You are entitled to be notified of the probate proceeding. When the estate is opened in Miami-Dade, the personal representative must serve interested persons with a Notice of Administration. That notice starts important clocks, including the limited time to object to the will, the appointment of the representative, or the court’s jurisdiction. Read it promptly and note the deadlines.
The Right to a Copy of the Will
Florida requires the original will to be deposited with the clerk of court, in Miami-Dade typically within ten days of learning of the death. As a beneficiary or interested person, you have the right to see the will. If you have not received it, you can request a copy from the personal representative or review the court file.
The Right to Information About the Estate
You are entitled to reasonable information about how the estate is being administered. This includes an inventory of the estate’s assets and their values, which the representative must prepare. If you ask for relevant information and are stonewalled, that is a red flag worth acting on.
The Right to an Accounting
Before the estate closes, beneficiaries generally have the right to a full accounting showing what came in, what was spent, fees paid, and what remains for distribution. Review it carefully. You can object to an accounting that is incomplete, includes improper expenses, or shows unexplained losses.
The Right to Timely Administration
A personal representative must move the estate along with reasonable diligence. Probate is not instant, and the creditor claim period and tax matters take time, but unexplained years of delay are not acceptable. You can ask the court to compel action if the representative sits idle.
The Right to Honest, Loyal Administration
The representative is a fiduciary who owes you loyalty and impartiality. You have the right to expect no self-dealing, no favoritism among beneficiaries, and no commingling of estate funds with personal money. If you uncover misconduct, you can petition the Miami-Dade court to compel an accounting, surcharge the representative, or remove them.
Special Rights for Spouses
Florida gives a surviving spouse extra protections that other beneficiaries do not have, including the elective share, which entitles a spouse to a percentage of the elective estate even if the will leaves them less, plus homestead rights and a family allowance. If you are a surviving spouse in Miami, ask about these before accepting what a will provides.
What You Will Not Be Taxed On
Receiving an inheritance from a Florida estate does not trigger a Florida estate or inheritance tax, because Florida has neither. That means more of what the estate holds reaches beneficiaries rather than the state.
What to Do If Your Rights Are Ignored
If you are not getting notice, information, or an accounting, document your requests and the lack of response. These records support a court petition to compel the representative to comply or to remove them for cause.
Consult a Florida Probate Attorney
Beneficiary rights are only valuable if you enforce them within Florida’s deadlines. If you believe you are being shut out of a Miami-Dade estate, speak with a licensed Florida probate attorney promptly to protect your inheritance.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
