When a Miami parent passes away, the adult children are usually the ones left to settle the estate. If your parent did not avoid probate through a trust or beneficiary designations, you will likely encounter Florida’s probate process, governed by Probate Code Chapters 731 through 735. Our attorneys guide families through that process with care, so you can focus on grieving while we handle the court.
What Probate Actually Is
Probate is the court-supervised process of identifying a deceased person’s assets, paying valid debts and taxes, and distributing what remains to the heirs or beneficiaries. If your parent left a valid will, it directs the distribution; if not, Florida’s intestacy statutes in Chapter 732 decide who inherits. Either way, the process runs through the circuit court in the county where your parent lived, which for many of our clients is Miami-Dade.
Summary Administration
Florida offers a streamlined path called summary administration under Chapter 735. It is generally available when the value of the probate estate subject to administration does not exceed the statutory threshold, or when your parent has been deceased for more than two years. Summary administration is faster and less expensive because it skips the appointment of a personal representative. For modest estates, it can resolve matters in a fraction of the time formal probate requires.
Formal Administration
Larger or more complex estates proceed through formal administration. The court appoints a personal representative, often an adult child named in the will, who gathers assets, notifies creditors, files inventories, and ultimately distributes the estate. Formal administration involves more steps and oversight, which protects everyone but takes more time. We serve as counsel to the personal representative and handle the filings, deadlines, and creditor process from start to finish.
The Homestead and the Family Home
Your parent’s Florida homestead receives special treatment in probate. Constitutional homestead protections restrict how the home can be devised and can shield it from most creditors, passing it to heirs free of estate claims. Because homestead rules interact with the rights of a surviving spouse and descendants, the family home is frequently the most legally delicate asset. We address it carefully to make sure title passes cleanly.
The Elective Share for a Surviving Spouse
If your parent was married, Florida’s elective share under section 732.2065 entitles a surviving spouse to a percentage of the elective estate, regardless of what the will says. This can affect how much passes to you and your siblings. When a stepparent is involved, these rights often surprise adult children, and we explain them plainly so the family understands the outcome.
Talk With a Miami Probate Attorney
Whether your parent’s estate qualifies for summary administration or requires formal probate, we can guide you through it. Contact our Miami office to discuss the estate and your next steps.
This page is general information, not legal advice. Probate procedure depends on your facts; consult a licensed Florida attorney.
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