Miami-Dade County
Probate Court
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Overview
Miami-Dade County is Florida's largest and most internationally complex probate jurisdiction, serving a population of 2.7M with approximately 10,000 probate cases filed annually. The system processes roughly ~1,250 cases per judge. Miami-Dade County's unique characteristics include significant international estate complexity (Latin American assets, offshore accounts, foreign real property), homestead protection issues, and large Cuban, Venezuelan, Colombian, and Brazilian immigrant estate complexity. The Circuit Court – Probate Division handles estate administration, guardianship, conservatorship, and trust proceedings.
International estate complexity; Latin American asset coordination; homestead protection issues; large Cuban and Venezuelan immigrant estate complexity; offshore account disclosure requirements.
Quick Facts
The Probate Process: Step by Step
File Petition for Administration
2–6 weeks from deathPersonal representative (PR) files with circuit court. Original will lodged. Death certificate required.
Notice to Creditors + 3-Month Claims Period
3 months (statutory)Florida requires notice to creditors and a 3-month claims period (Fla. Stat. §733.702). Shorter than California's 4-month mandatory period.
Inventory Filed
60 days from appointmentPR files formal inventory within 60 days of appointment (Fla. Stat. §733.604). All assets listed.
Pay Claims, Taxes, and Expenses
2–4 monthsFlorida has no estate tax. Federal estate tax applies above $13.99M. PR pays valid creditor claims in statutory priority order.
Petition for Discharge
1–3 monthsPR files final accounting and petition for discharge. Court reviews and approves. Assets distributed to beneficiaries.
Order of Discharge
Weeks after hearingCourt issues Order of Discharge. Case closed.
Timeline by Case Type
| Case Type | Minimum | Typical | Extended |
|---|---|---|---|
| Simple uncontested estate | 6–12 mo | 6–12 mo | N/A if no complications |
| Estate with real property | 6–12 mo | 12–18 mo | 18–30 mo if sale contested |
| Estate with business interests | 9–14 mo | 14–24 mo | 24–48+ mo if valuation disputed |
| Contested / will contest | 18–48+ mo | 18–48+ mo | Up to 7+ years with appeals |
| Guardianship (ongoing) | 3–6 mo to establish | Indefinite maintenance | Annual reports; court review |
Cost Benchmarks
| Estate Value | Attorney Fees | Executor Fees | Combined | Add'l Costs | Total Range | % of Estate |
|---|---|---|---|---|---|---|
| $500,000 | $15,000 (statutory 3%) | $15,000 (statutory 3%) | $30,000 | $2,000–$6,000 | $32,000–$36,000 | 6.4%–7.2% |
| $1,000,000 | $22,500 (statutory) | $22,500 (statutory) | $45,000 | $3,000–$10,000 | $48,000–$55,000 | 4.8%–5.5% |
| $3,000,000 | $52,500 (statutory) | $52,500 (statutory) | $105,000 | $5,000–$20,000 | $110,000–$125,000 | 3.67%–4.17% |
Attorney Intelligence: Real Case Patterns
The following case patterns are composite illustrations based on common probate scenarios in this jurisdiction. They are not accounts of specific individuals.
CASE PATTERN #1: THE OFFSHORE ACCOUNT DISCLOSURE
A Miami-Dade decedent held $2.4M in undisclosed offshore accounts in the Cayman Islands and Panama. The estate required FBAR filing corrections, IRS offshore voluntary disclosure, and coordination with foreign financial institutions. The estate remained open 34 months while IRS proceedings resolved.
CASE PATTERN #2: THE HOMESTEAD FORCED HEIR DISPUTE
A Miami-Dade decedent attempted to leave the family homestead to a charitable organization. Florida's homestead protection laws prohibited the devise — the homestead passed to the surviving minor child by operation of law. The estate required Orphans' Court proceedings to establish guardianship for the minor's interest.
Common Estate Planning Failures
| Failure Mode | Frequency | Consequence |
|---|---|---|
| No revocable living trust | Most common | All assets titled in decedent's name go through full probate |
| Trust exists but never funded | Extremely common | Unfunded trust is legally valid, operationally useless — assets still probate |
| Will drafted 10–20 years ago; never updated | Very common | Outdated executors, guardians, beneficiaries; potential disputes |
| Real estate not titled to trust | Common | Property triggers full probate even if other assets are in trust |
| Beneficiary designations not updated after life events | Common | Ex-spouses, deceased beneficiaries, or wrong persons receive assets by contract |
| No coordination between legal, tax, financial advisors | Common | Contradictory asset structures; unintended taxable events; gap assets |
| DIY estate plan (online forms, unwitnessed) | Growing | Holographic will disputes; inadequate execution; court challenges |
| No successor trustee named or willing to serve | Moderate | Court petition required; delays and costs |
| Assets held in joint tenancy without tax planning | Common | Avoids probate but creates step-up basis issues, gift tax exposure, loss of control |
| Digital assets not addressed | Emerging | Cryptocurrency, online accounts, digital businesses inaccessible at death |
How to Avoid Probate in Florida
- 1
Revocable Living Trust (most comprehensive — avoids Florida's summary and formal probate)
- 2
Small Estate Disposition Without Administration (Fla. Stat. §735.301 — expenses less than exempt property)
- 3
Summary Administration (Fla. Stat. §735.201 — estate under $75,000 or decedent dead 2+ years)
- 4
Beneficiary Designations and POD/TOD accounts
- 5
Enhanced Life Estate (Lady Bird) Deeds (Florida allows — real property transfer at death without probate)
- 6
Joint Tenancy / Tenancy by Entirety (married couples; avoids probate for homestead)
Key Statutes & Legal Authority
| Statute / Code | Provision |
|---|---|
| Fla. Stat. §733.617 | Compensation of personal representative — statutory percentage schedule |
| Fla. Stat. §733.702 | Creditor claims — 3-month claims period from publication |
| Fla. Stat. §733.604 | Inventory — due within 60 days of appointment |
| Fla. Stat. §735.201 | Summary administration — estate under $75,000 or decedent dead 2+ years |
| Fla. Stat. §735.301 | Disposition without administration — very small estates |
| Fla. Const. Art. X §4 | Homestead protection — restricts devise and creates forced heir scenarios |
Frequently Asked Questions
Sources & References
- Florida Office of the State Courts Administrator — Court Statistics 2023
- Florida Statutes §733.617 (personal representative compensation)
- Florida Statutes §733.702 (creditor claims — 3-month period)
- Florida Statutes §735.201 (summary administration — $75,000 threshold)
- Florida Constitution Art. X §4 (homestead protection)
- TheProbateCourt.com Probate Insider Reference Series 2026
- EstatelawMagazine.com — Estate Law Reference 2026