Probate attorneys · Coral Gables & Miami-Dade
Florida Probate Administration, Handled for You
Lost a loved one and need to settle their estate? We guide personal representatives through every step of Florida probate, from opening the estate to final distribution, so you can focus on your family.
✓ Board Certified Wills, Trusts & Estates attorney on our team✓ Formal, summary & ancillary administration✓ Clear updates at every step
Talk with our probate team
Tell us a little about the estate and we’ll reach out to schedule your consultation.
Florida probate, explained
Probate is the court-supervised process of collecting a person’s assets, paying valid debts and expenses, and transferring what remains to the beneficiaries named in the will or, if there is no will, to the heirs set by Florida law. The court appoints a personal representative to carry out that work.
Probate, trust and guardianship work is a core part of our practice. From our Coral Gables office we guide personal representatives and families in Miami-Dade County and throughout Florida. New to probate? Start with What is probate?
Open the estate and appoint the personal representative
Identify, value and secure estate assets
Notify creditors and resolve claims
Handle homestead and real property
Prepare inventories, accountings and filings
Distribute the estate and close the case
Types of probate administration we handle
The right type of administration depends on the size of the estate, where the assets are located and how long ago the person passed away. We help you choose the fastest path the law allows.
Formal Administration
The full probate process used for most estates. The personal representative gathers assets, notifies creditors and beneficiaries, resolves claims and distributes the estate under court supervision.
Summary Administration
A shorter process available in certain cases, such as when the probate estate (not counting exempt property) is $75,000 or less, or the person passed away more than two years ago.
Ancillary Administration
Required when someone who lived outside Florida owned real estate or other property here. We open the Florida proceeding and coordinate with the home-state estate.
Estate Tax Returns
Preparation of federal estate tax returns for larger estates, and portability elections that preserve a surviving spouse’s unused exemption.
Homestead Determinations
Florida homestead receives special protection from creditors and passes under special rules. We petition the court to confirm protected homestead. See Florida Homestead 101.
Personal Representative Guidance
Clear advice on your duties, deadlines and compensation, so you can serve with confidence. See who can serve.
Discover
Schedule a meeting to walk us through the estate, the will and your role as personal representative.
Evaluate
We review the assets, deadlines, creditors and family situation and choose the right type of administration.
Administer
We open the estate, keep you informed at every step and see it through to distribution and closing.
How long does probate take in Florida?
Every estate is different. The creditor period alone runs three months from the first publication of the notice to creditors, so even a straightforward formal administration usually takes several months. Estates with property in more than one state, tax filings or disagreements among beneficiaries can take a year or longer. At your first meeting, we give you a realistic timeline for your situation.
Frequently asked questions
Straight answers to the questions we hear most. For advice about your situation, schedule a consultation.
Do I need a lawyer to probate an estate in Florida?
In most cases, yes. Florida’s probate rules generally require the personal representative to be represented by a Florida attorney, unless the personal representative is the only person interested in the estate.
What happens if there is no will?
The estate can still be probated. Florida’s intestacy laws decide who inherits, and the law sets an order of preference for who may serve as personal representative.
Can probate be avoided?
Often, with planning. Assets held in a funded revocable trust, accounts with named beneficiaries and property passing by a Lady Bird deed can pass outside probate. Learn more on our Estate Planning page.
How are creditors paid in probate?
Creditors must file claims within the deadlines set by Florida law, and valid claims are paid in a set order of priority. See the hierarchy of creditors.
What if someone is challenging the will or the personal representative?
Disputes are handled by our litigation team. See Probate & Trust Litigation.
