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.

Step 1: Understand who inherits under Florida law

Florida’s intestate scheme is specific and sometimes surprising to families:

• Spouse, no descendants: the spouse takes everything.
• Spouse and descendants who are all shared with that spouse (and the spouse has no other children): the spouse takes everything.
• Spouse plus descendants from another relationship (on either side): the spouse takes half, the descendants split the other half.
• No spouse: descendants inherit; if none, the estate climbs to parents, then siblings, and outward.

Note what’s missing: an unmarried partner inherits nothing under intestacy. Given how many Miami couples cohabit without marrying, this catches families off guard.

Step 2: Open formal administration and appoint a representative

With no will, there’s no nominated personal representative. Florida §733.301 sets the priority: the surviving spouse first, then the person selected by a majority of the heirs, then the heir nearest in degree. Expect the court to require this person to post a bond unless the heirs waive it.

Step 3: Protect the homestead—it has its own rules

Florida homestead (Art. X, §4) does not follow the intestacy chart cleanly. If the decedent leaves a spouse and descendants, the spouse takes a life estate in the Miami homestead with a remainder to the descendants—or may elect a one-half tenancy-in-common interest instead. Homestead also stays protected from most creditors as it passes. Determine homestead status before assuming who owns the house.

Step 4: Inventory exempt and non-probate property

Some assets bypass intestacy entirely: jointly held property with survivorship, payable-on-death accounts, and life insurance or retirement accounts with named beneficiaries. A funded revocable trust (Chapter 736) also avoids probate. What remains in the decedent’s sole name is what the intestacy statute governs.

Step 5: Check whether summary administration fits

Even without a will, an estate with $75,000 or less in non-exempt assets—or where death occurred more than two years ago—may qualify for summary administration, sparing the family the full formal process.

A note on taxes and timing

Florida imposes no state estate or inheritance tax, so dying intestate doesn’t trigger a Florida death tax. The main cost is time: locating heirs, especially in Miami’s internationally connected families, can extend the process.

Consult a Florida attorney

Intestacy outcomes rarely match what families expected. Before distributing anything, a licensed Florida probate attorney can confirm the heirs, the homestead result, and the right administration track for your Miami-Dade estate.

Know the grounds to challenge a will

• Improper execution. Florida §732.502 requires the testator’s signature and two witnesses signing in each other’s presence. A defect here can void the will.
• Lack of testamentary capacity. The testator must have understood the nature of the act, the property, and the natural objects of their bounty at the time of signing.
• Undue influence. The classic Florida claim—a person in a confidential relationship who actively procured a will that benefits them. Florida courts weigh factors like presence at execution and securing witnesses.
• Fraud, duress, or mistake. Less common but recognized.

Confirm you have standing—and watch the clock

Only an “interested person” (a beneficiary, heir, or someone whose share is affected) can contest. Timing is critical: once the personal representative serves formal notice of administration, an interested person generally has a tight window—often as short as three months from service—to file objections. Miss it and the claim can be barred. Calendar these dates the moment you receive papers from probate.

Beware the no-contest clause that doesn’t bite

Many wills drafted elsewhere include “in terrorem” clauses disinheriting anyone who challenges. In Florida, §732.517 makes such penalty clauses unenforceable as to wills. The same rule applies to revocable trusts under Chapter 736. So a Miami beneficiary contesting in good faith generally won’t forfeit a bequest merely for raising a legitimate challenge.

Gather evidence early

Will contests are fact-intensive. Useful proof includes the drafting attorney’s file and notes, medical records bearing on capacity, the testator’s medications, witness recollections, financial records showing sudden changes, and the timeline of who was involved when the will was signed. In undue-influence cases, the relationship and the influencer’s role in arranging the will often decide the outcome.

Don’t forget spousal rights

Sometimes the real remedy isn’t voiding the will but enforcing the surviving spouse’s elective share under §732.2065 and following—30% of the elective estate—plus Florida homestead protections (Art. X, §4). A spouse left out of a Miami will may have powerful statutory rights without ever proving the will invalid.

Consider mediation

Miami-Dade’s probate division frequently refers contested matters to mediation. Litigation drains estate value and relationships; many disputes resolve through a negotiated split that the court can approve.

Consult a Florida attorney

Will contests have short deadlines and high stakes. If you’re considering challenging or defending a will in Miami-Dade, talk to a licensed Florida probate litigation attorney promptly so you don’t lose rights to a missed deadline.

Step 1: Confirm You Have Standing

Only an interested person can ask the court to remove a personal representative. That usually means a beneficiary, an heir, or a creditor of the estate. Before doing anything else, confirm that you have a legitimate stake in the outcome, because the court will check.

Step 2: Identify a Valid Ground for Removal

Frustration is not enough. Florida law lists specific grounds the court will recognize, including:

• Wasting, mismanaging, or misusing estate assets
• Failure to comply with a court order
• A conflict of interest or breach of fiduciary duty
• Becoming incapacitated or otherwise unable to serve
• Failing to account or to administer the estate properly
• Disqualification, such as a felony conviction or no longer being qualified to serve

Match your complaint to one of these grounds. A removal petition built on a clear statutory ground is far stronger than one based on general dissatisfaction.

Step 3: Gather Evidence

Removal is fact-driven. Assemble documentation before you file:

• Bank statements or accountings showing missing or misused funds
• Copies of court orders the representative ignored
• Correspondence showing failure to respond or to provide information
• Evidence of self-dealing, such as selling estate property to themselves below value

Strong contemporaneous records carry far more weight than memory in front of a Miami-Dade probate judge.

Step 4: Try a Demand or Negotiation First

Sometimes a formal written demand for an accounting or for action resolves the problem without litigation. A documented request also strengthens your case later, because it shows you gave the representative a chance to fix things and they did not.

Step 5: File a Petition for Removal

If informal efforts fail, file a petition to remove the personal representative in the same Miami-Dade probate case. The petition should state the grounds, attach or reference your evidence, and ask the court to revoke the representative’s letters of administration. You will serve the representative and other interested persons.

Step 6: Consider Interim Protection

If assets are at immediate risk, you can ask the court for temporary measures while the case is pending, such as restricting the representative’s authority or appointing a curator to safeguard the estate. This can stop further harm before a final ruling.

Step 7: Attend the Hearing and Plan for a Successor

At the hearing the judge weighs the evidence and decides whether removal is warranted. If the court removes the representative, it will appoint a successor, often the next person named in the will or another qualified person. Be ready to propose a qualified successor who is eligible to serve under Florida law.

A Note on Costs and Recovery

If a representative breached duties and caused losses, the court can order them to repay the estate and may deny or reduce their fees. Keep a clear tally of any harm so the court can make the estate whole.

Consult a Florida Probate Attorney

Removing a personal representative is contested litigation with strict procedures. Before you file in Miami-Dade, talk with a licensed Florida probate attorney who can evaluate your grounds, marshal the evidence, and protect the estate.

Step 1: Understand the Elective Share

Under the Florida elective share statutes, a surviving spouse can claim a percentage of the deceased spouse’s “elective estate,” set by law at thirty percent of a broad pool of assets, even if the will leaves the spouse less or nothing. This prevents disinheritance. The elective estate reaches beyond probate assets to include certain accounts, transfers, and property interests. There is a strict deadline to elect, so a Miami widow or widower should act promptly.

Step 2: Protect the Florida Homestead

Florida’s constitutional homestead protection is powerful. If the couple’s Miami home qualifies as homestead, it generally cannot be devised away from a surviving spouse and minor children. A surviving spouse typically receives at minimum a life estate in the homestead, or may elect a one-half tenancy-in-common interest instead. Homestead also shields the home from most creditors of the estate.

Step 3: Claim Exempt Property

Florida allows a surviving spouse (or children) to claim certain exempt property free of most creditor claims, including household furniture and appliances up to a statutory value and up to two motor vehicles used regularly by the family. These items pass to the spouse outside the general estate. The claim must be filed within the statutory window.

Step 4: Request a Family Allowance

During administration, a surviving spouse and lineal dependents may petition for a family allowance to cover living expenses while the estate is settled, up to a statutory cap. For a Miami family suddenly without a breadwinner, this can bridge the gap before distributions occur.

Step 5: Check the Intestate Share

If your spouse died without a will, Florida’s intestacy rules determine your share. A surviving spouse receives the entire estate when there are no descendants, or when all descendants are shared with the decedent and the spouse has no other children. Different blended-family situations split the estate. Knowing where you fall sets your expectations.

Step 6: Watch for Pretermitted Spouse Rights

If your spouse made a will before the marriage and never updated it, you may qualify as a “pretermitted spouse” and claim an intestate share, unless the will provided for the marriage or a valid waiver exists. Marital agreements can limit several of these rights, so any prenuptial or postnuptial agreement should be reviewed.

Quick Checklist

• Consider electing the thirty percent elective share.
• Assert homestead rights in the family home.
• Claim exempt property and vehicles.
• Petition for a family allowance for living costs.
• Mind every deadline; they are strict.

Consult a Florida Attorney

Spousal rights in Florida probate are valuable but time-sensitive, and waivers or agreements can change the picture. A licensed Florida probate attorney serving Miami-Dade can calculate your elective share, secure your homestead rights, and file each claim before the deadlines run.

Step 1: Know the Florida Rule on Attorney Representation

Under Florida probate rules, a personal representative in a formal administration must be represented by an attorney, unless the personal representative is the sole interested person in the estate. This is not optional in most cases. The reasoning is that the personal representative acts on behalf of beneficiaries and creditors, which is treated as practicing on behalf of others.

Step 2: Identify Which Type of Administration Applies

Florida has two main paths. Formal administration is the full process used for larger or more complex estates and for most cases where probate is required. Summary administration is a streamlined option available when the estate’s non-exempt assets are under a statutory threshold, or when the decedent has been deceased for more than two years. Disposition without administration covers very small estates with only certain final expenses.

Step 3: Decide If You Even Need Probate

Some Miami estates avoid probate altogether. Assets in a revocable trust, jointly held property with survivorship, payable-on-death accounts, and life insurance with a named beneficiary typically pass outside probate. A Lady Bird (enhanced life estate) deed can also transfer Florida real estate at death without probate. If everything was titled this way, court may be unnecessary.

Step 4: Gauge the Complexity

Even where the law technically allows you to proceed alone, complexity argues for counsel. Will contests, disputes among heirs, creditor fights, homestead questions, out-of-state property, or a business interest all raise the risk of costly mistakes. Miami-Dade probate procedures are exacting, and a misstep can expose a personal representative to personal liability.

Step 5: Consider Summary Administration Carefully

Summary administration does not always require an attorney, but the petition must be signed and verified correctly and served on the right parties. Many Miami families still use a lawyer here to avoid a rejected filing and to confirm the estate genuinely qualifies, since misjudging the threshold can stall the case.

Step 6: Weigh Time, Cost, and Risk

A lawyer’s involvement is an investment against delay and liability. For formal administration it is generally required; for smaller estates it is a judgment call balancing legal fees against the risk of errors, refilings, and family conflict.

Quick Checklist

• Formal administration: an attorney is usually required.
• Sole interested person: you may proceed without one.
• Check if assets avoid probate entirely.
• Summary administration may allow self-filing but is error-prone.
• Disputes or complexity strongly favor counsel.

Consult a Florida Attorney

Florida’s requirement for attorney representation in formal probate, and the fine print of summary administration, make early advice worthwhile. A licensed Florida probate attorney serving Miami-Dade can tell you quickly whether probate is needed, which path applies, and whether the law requires you to be represented.

For experienced help with estate matters, many families turn to morganlegalfl.com.

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.

Step 1: Do Not Distribute Too Early

In Florida, creditors and administration expenses come before beneficiaries. Premature distribution is one of the most common ways a personal representative gets sued. Until the creditor claim period has run and valid claims are resolved, keep estate assets in the estate account at your Miami bank.

Step 2: Confirm Who the Beneficiaries Actually Are

• With a valid will: distribute according to the will’s terms, after confirming it met Florida’s signing requirements (two witnesses, proper execution).
• Without a will: Florida’s intestacy statutes control the order, starting with the surviving spouse and descendants.
• Watch for lapses: a beneficiary who died before the decedent may trigger Florida’s anti-lapse rules. Confirm before paying.

Step 3: Honor the Spouse’s Special Rights

A surviving spouse in Florida has protections that override much of a will. These come up constantly in Miami estates.

• Elective share: a surviving spouse may claim roughly 30% of the elective estate, even if the will leaves less. The election has strict deadlines.
• Homestead: a Miami homestead generally passes to the spouse or descendants by law and cannot be freely devised when there is a spouse or minor child.
• Family and exempt allowances: the spouse and minor children may be entitled to allowances and exempt property that come off the top.

Step 4: Match the Right Asset to the Right Gift

• Specific gifts (a named piece of jewelry, a particular Brickell condo) go to the named beneficiary first.
• General and residuary gifts are funded from what remains.
• If the estate cannot pay everything, Florida’s abatement rules tell you which gifts shrink first. Do not improvise this order.

Step 5: Transfer Each Asset Correctly

Different assets require different paperwork.

• Real estate: record a personal representative’s deed in Miami-Dade County to vest title in the beneficiary.
• Vehicles: retitle through the Florida tax collector or DMV.
• Accounts: the financial institution will want certified Letters and a court order or release.

Step 6: Get Receipts and Releases

Have every beneficiary sign a receipt for what they received and, ideally, a release. These signed documents protect you when you ask the Miami-Dade court to discharge you. No release, no clean discharge.

Step 7: Close the Estate

After distribution, file your final accounting (or waivers), the petition for discharge, and proof of distribution. The court’s order of discharge is what officially ends your duties. One bonus for Florida families: there is no Florida estate or inheritance tax, so beneficiaries do not owe the state a death tax on what they receive.

Consult a Florida Attorney

Spousal rights, abatement, and discharge procedures are technical and unforgiving. Before distributing a single dollar, confirm your plan with a licensed Florida probate attorney familiar with Miami-Dade practice. This article is general information, not legal advice.

Step 1: Understand Who Pays the Debts

In Florida, the decedent’s debts are generally paid from the estate’s assets, not from the heirs’ own pockets. Beneficiaries do not personally inherit Grandma’s credit-card balance. The estate pays valid claims first; whatever is left goes to beneficiaries.

Step 2: Publish and Serve the Notice to Creditors

This is the engine that starts the clock.

• Publish a Notice to Creditors once a week for two consecutive weeks in a Miami-Dade newspaper that handles legal notices.
• Serve the notice directly on any creditor you know about or can reasonably discover. Skipping a known creditor can keep that claim alive longer.

Step 3: Track the Claim Deadlines

Florida sets firm outer limits on when creditors can file.

• A creditor generally must file within 3 months after the first publication of notice.
• A known, served creditor gets at least 30 days from being served, if that is later.
• Florida law also imposes an outside time limit measured from the date of death that bars most claims regardless of notice.

Calendar each deadline. Late claims are usually barred unless the court grants an extension for good cause.

Step 4: Review Each Claim Before Paying

Do not pay claims on autopilot. For each Statement of Claim filed in the Miami-Dade probate file:

• Confirm the debt is real and properly documented.
• Object in writing within the deadline if the claim is invalid, inflated, or already paid. Missing the objection window can leave you stuck with a bad claim.

Step 5: Pay in the Correct Priority Order

If the estate cannot cover everything, Florida law dictates the order of payment. Generally, administration costs and funeral expenses rank high, followed by certain taxes and other classes, with general creditors lower down. Paying a low-priority creditor ahead of a high-priority one can make the personal representative personally responsible for the shortfall.

Step 6: Protect Exempt and Homestead Property

Florida’s constitutional homestead protection shields the Miami homestead from most creditors, and certain personal property is exempt. These assets often cannot be reached to pay general debts, which can change the math on which creditors get paid.

Step 7: Document Everything Before Distributing

Resolve or bar all claims before distributing to beneficiaries. Keep proof of publication, service, objections, and payments. This record is what discharges you when the estate closes. One relief for families: Florida has no state inheritance or estate tax, so the state itself is not a death-tax creditor of the estate.

Consult a Florida Attorney

Notice, deadlines, objections, and payment priority are technical and time-sensitive in Florida probate. Because a misstep can become your personal liability, work with a licensed Florida probate attorney familiar with Miami-Dade procedures. This article is general information, not legal advice.

Step 1: Consider a Revocable Living Trust

A Florida revocable living trust is the workhorse of probate avoidance. You move assets into the trust during life, keep full control while you are alive, and your named successor trustee distributes them after death without court involvement.

• Fund it. An unfunded trust avoids nothing. Retitle your Miami home, accounts, and other assets into the trust’s name.
• It also provides privacy, unlike a will, which becomes part of the public Miami-Dade court file.

Step 2: Use a Lady Bird Deed for Real Estate

An enhanced life estate deed, commonly called a Lady Bird deed, is a Florida favorite. It lets you keep full control of your home during life, including the right to sell or mortgage it, and passes the property automatically to your named beneficiary at death without probate.

• It preserves your Florida homestead protections and exemptions during life.
• It avoids the loss of control that an outright lifetime gift would cause.

Step 3: Add Beneficiary Designations to Accounts

Many assets pass by designation, not by will.

• POD (payable-on-death) on bank accounts.
• TOD (transfer-on-death) on brokerage accounts.
• Named beneficiaries on life insurance, IRAs, and 401(k)s.

Review these regularly; an outdated beneficiary form overrides your will and is a frequent source of family disputes.

Step 4: Use Survivorship Titling Carefully

Property held as joint tenants with right of survivorship, or by spouses as tenants by the entirety, passes to the survivor automatically. It is simple, but adding a non-spouse co-owner can expose the asset to that person’s creditors and trigger unintended consequences. Weigh it before titling a Miami property this way.

Step 5: Mind Florida Homestead Rules

Homestead is powerful but restrictive. If you have a spouse or minor child, Florida limits how you can leave your homestead, and those rules can override a trust or deed. Coordinate your homestead plan with the rest of your estate plan so the pieces do not conflict.

Step 6: Pair the Plan With a Durable Power of Attorney

Avoiding probate handles death; a durable power of attorney under Florida’s Chapter 709 handles incapacity. A well-drafted durable POA lets a trusted agent manage your affairs if you cannot, avoiding a court guardianship. Florida POAs must meet specific signing requirements to be valid.

Step 7: Know the Small-Estate Backups

If some assets still end up in probate, Florida’s summary administration (for smaller or older estates) and disposition without administration can offer a faster, lighter path than full formal administration in Miami-Dade court. And remember, Florida imposes no state estate or inheritance tax, so avoiding probate is about time, cost, and privacy, not dodging a state death tax.

Consult a Florida Attorney

The right mix of trust, deeds, and designations depends on your family and assets, and homestead rules make Florida unique. Before relying on any single tool, review your plan with a licensed Florida estate planning attorney serving Miami. This article is general information, not legal advice.