Florida Probate Administration

When a parent passes away in Miami, the grief is often followed by paperwork no one feels ready for. Bank accounts freeze, the home needs attention, and someone has to settle the estate. That someone is usually an adult child. Florida’s probate process, set out in Chapters 731 through 735 of the statutes, is the court procedure for transferring a deceased person’s assets. Our Miami lawyers guide families through it with patience and clarity.

When Probate Is Required

Probate is generally needed when a parent owned assets in their sole name with no beneficiary designation or surviving joint owner. Assets in a revocable trust, jointly titled property, and accounts with named beneficiaries usually pass outside probate. The first thing we do is sort which of your parent’s assets actually require court administration.

Summary Administration

Florida offers a streamlined path called summary administration. It is available when the value of the probate estate, excluding the protected homestead, does not exceed $75,000, or when the parent has been deceased for more than two years. It is faster and less expensive than formal administration and often does not require a personal representative. For many aging parents with modest probate estates, this is the appropriate route.

Formal Administration

Larger estates, or those needing a personal representative to act, proceed through formal administration. The court appoints a personal representative, often the adult child named in the will, who gathers assets, gives notice to creditors, pays valid debts and taxes, and distributes what remains. Florida law limits who may serve: a non-relative who lives out of state generally cannot be a personal representative.

The Surviving Spouse’s Elective Share

If your parent was remarried, Florida’s elective share under §732.2065 entitles a surviving spouse to thirty percent of the elective estate, regardless of what the will says. This often surprises adult children from a first marriage. We help families understand and address elective-share and homestead rights early in the process.

The Homestead in Probate

A parent’s Florida homestead receives special treatment in probate. It generally passes outside the reach of most creditors and according to constitutional descent rules when a spouse or minor child survives. Determining homestead status is often one of the most important steps in administering a Miami parent’s estate.

Creditor Claims and Timelines

In formal administration, the personal representative publishes notice to creditors, who then have a limited window to file claims. Properly handling this protects the estate and the heirs. We track the deadlines so nothing valid is missed and nothing invalid is overpaid.

How We Help Adult Children

We can serve as attorney for the personal representative, handle court filings, communicate with siblings and creditors, and keep the process moving so the family can focus on healing.

Consult a Florida Probate Attorney

This is general information about Florida probate, not legal advice. Most Florida probate matters require representation by a licensed attorney. Please consult a Florida probate attorney about your parent’s specific estate.