After a loved one dies in Miami, families often ask whether they are facing probate or trust administration. The two processes settle an estate in very different ways under Florida law. This checklist compares them so you can tell which one applies and what to expect.
Start by Identifying How Assets Were Titled
The dividing line is ownership at death. Run through the assets:
- Assets held in the name of a revocable living trust are administered through trust administration under Florida’s trust code, not court probate.
- Assets owned in the decedent’s individual name with no beneficiary designation generally go through probate.
- Accounts with payable-on-death or transfer-on-death designations, joint accounts with survivorship, and life insurance with named beneficiaries pass outside both processes.
Many Miami estates involve a mix, so you may deal with trust administration and probate at the same time.
Court Involvement: The Biggest Difference
Probate is a court-supervised process filed in the Miami-Dade probate division. A judge oversees the appointment of the personal representative and the closing of the estate. Trust administration is handled privately by the successor trustee without ongoing court supervision, although the trustee still has duties enforceable in court if challenged.
Privacy
Probate filings become part of the public court record, so anyone can review the will and the inventory. A revocable trust is a private document. For Miami families who value discretion, this privacy is one of the main reasons trusts are used.
Timeline and Cost
Probate timelines depend on the type of administration. Summary administration is available for smaller estates or where the death occurred more than two years ago and can be relatively quick. Formal administration takes longer because of the creditor claim period and court steps. Trust administration can often move faster since it avoids many court filings, though the trustee must still notify beneficiaries, settle debts, and may give notice to creditors.
Notice to Creditors
Both processes must reckon with creditors. In probate, the representative publishes and serves a notice to creditors and handles claims through the court. A Florida trustee can also serve notice to creditors to shorten the claim period, but it is an optional step that requires care. Either way, valid debts and taxes must be addressed before distribution.
Homestead Is Handled in Both
A Miami home that qualifies as Florida homestead under Article X, Section 4 of the state constitution gets special treatment regardless of the path. Homestead generally passes outside the probate estate and is shielded from most creditors, and restrictions limit how it can be devised when a spouse or minor child survives. Confirm homestead status early in either process.
Taxes Are the Same Either Way
Whether assets pass through probate or a trust, Florida imposes no state estate tax and no inheritance tax. The choice between the two processes is about oversight, privacy, and efficiency, not state death taxes.
What If There Is a Pour-Over Will?
Many trust-based plans include a pour-over will that moves any individually titled assets into the trust at death. If assets were left out of the trust, a probate may still be needed to pour them over, which is why families with trusts sometimes still see the courthouse.
Consult a Florida Probate and Trust Attorney
Sorting trust assets from probate assets, and running each process correctly, takes Florida-specific knowledge. Before you act as a trustee or personal representative in Miami-Dade, consult a licensed Florida attorney to confirm which path applies and to administer it properly.
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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 .
