Coral Gables Probate Attorneys
Probate Process for Residents & Non-Residents in Coral Gables
When a loved one passes away owning a home, bank account, or investment in Coral Gables, Florida law usually requires a court-supervised process called probate before that property can legally pass to the people who inherit it.
A Coral Gables probate lawyer at Florida Probate Law Firm opens the estate for you, meets each court deadline, and transfers assets to the right hands, so you can focus on your family instead of paperwork.
Coral Gables sits within Miami-Dade County, and our Miami-Dade County probate services reach every courtroom in the region and all 67 Florida counties. We handle nearly every case electronically, so most clients never set foot in an office. To get started, call us at (561) 210-5500 for a free consultation.
What Does a Coral Gables Probate Attorney Do?
A Coral Gables probate attorney guides an estate through the Miami-Dade court so a deceased person’s assets can pass, in a legal and orderly way, to heirs and creditors. Our role is to turn a confusing court process into clear, manageable steps.
The court appoints a personal representative, which is Florida’s word for an executor, to manage the estate. As your Coral Gables probate lawyer, we handle the filings and the legal duties that come with that job.
Here is what we take care of for Coral Gables families:
- Preparing and filing the petition to open the estate with the Miami-Dade court
- Getting the personal representative appointed and formally recognized
- Notifying beneficiaries, heirs, and known creditors
- Inventorying and valuing the estate’s property
- Reviewing creditor claims and paying valid debts
- Filing the final accounting and distributing what remains to the heirs
Each of these steps has its own deadline and its own paperwork, and a missed step can delay the whole case. We keep the process moving so the estate closes as smoothly as the law allows.
What Makes Coral Gables Probate Different?
Coral Gables probate follows the same Florida rules as the rest of the state, yet the city’s high-value, long-held estates often make these cases more involved than average. Older homes, waterfront property, and family assets passed down over generations tend to raise questions that a routine estate never touches.
Coral Gables is known for its historic coral-rock homes, the landmark Biltmore Hotel, and quiet, established neighborhoods near the University of Miami. Many of these properties have been in the same family for decades, which can mean multiple owners, old deeds, and layered title issues to sort out.
Florida also protects a primary residence through its constitutional homestead rules, which can change who inherits a home and shield it from many creditors. A Coral Gables estate with a valuable homestead, a second property, or out-of-state heirs benefits from careful, focused handling, and that is the work we do every day.
How Long Does Probate Take in Coral Gables?
Most Coral Gables probate cases we handle finish in about five to six months, though the timeline depends on the type of administration and the estate’s complexity. We usually open an estate within about a month of being hired, which sets the rest of the process in motion quickly.
Simpler estates that qualify for summary administration often wrap up in four to six months. Larger or more complex estates that require formal administration generally take six to 12 months, and cases with disputes or unusual assets can take longer.
Speed comes from momentum, not shortcuts. Because we move cases forward as fast as the family is ready to sign, and because we work almost entirely online, we rarely lose time to mailing, travel, or scheduling delays.
Florida Probate Options: Formal, Summary, and Disposition Without Administration
Florida offers three probate paths, and the right one depends mostly on the estate’s value and how long ago the person died. During your free consultation, we review the assets and tell you which Florida Statutes Chapter 733 option fits your situation.
- Formal administration: used for estates worth more than $75,000. The court supervises the case, a personal representative is appointed, and it usually runs six to 12 months.
- Summary administration: available when the estate is worth $75,000 or less, or when the person has been gone for more than two years. It is a simpler, faster path that often takes four to six months.
- Disposition without administration: reserved for very small estates, generally under $6,000 in personal property, where no full probate is needed.
Choosing the correct path from the start saves time and money, and it keeps the court from rejecting a filing. We make that call for you and prepare the matching paperwork.
Do You Have to Go Through Probate if There Is a Will?
Yes, in most cases a will does not avoid probate. This is one of the most common misunderstandings we clear up for Coral Gables families, so it is worth explaining plainly.
A will is really a set of instructions for the court. It does not move money or property on its own, and it takes effect only after a judge accepts it and the estate is formally opened. Whether a person leaves a will or not, the court process is still required to transfer assets held in their name alone.
Some property does skip probate. Accounts with named beneficiaries, such as life insurance and retirement accounts, payable-on-death accounts, and property owned jointly with rights of survivorship all pass directly to the surviving owner or beneficiary. A properly funded living trust also avoids probate, though the trust still has to be administered after death.
Our Probate and Estate Administration Services
We handle the full probate and estate administration process, from the first court filing to the final asset transfer that puts property in the hands of the heirs. Because we focus only on probate and estate matters, we are ready for the situations that a general practice rarely sees.
Services we provide for Coral Gables clients:
- Formal and summary probate administration in Miami-Dade and statewide
- Trust administration after a death, including beneficiary notices and accountings
- Ancillary probate for out-of-state owners of Florida real estate
- Creditor claim review, objections, and payment of valid debts
- Estate tax filings, including federal Form 706 when an estate is large enough to require it
- Professional personal representative services, where our attorneys serve as a neutral executor
- Estate planning for survivors who inherit assets and need a fresh plan
Whatever the estate holds, from a single Coral Gables condo to a portfolio of properties, we match the right service to the situation and carry it through to closing.
Protecting a Homestead and Other Florida Estate Rights
Florida gives surviving spouses and children special protections, and these rules often decide how a Coral Gables estate is actually divided. Knowing them early can prevent costly mistakes and family disputes down the road.
The homestead is the clearest example. If a person is survived by a spouse or minor children, Florida law limits how the primary residence can be left in a will, and the home usually passes by law rather than by the will itself.
A few Florida rights that frequently affect our cases:
- Elective share: a surviving spouse can claim a portion of the estate, even if the will leaves them out, under Florida’s elective share law.
- Exempt property: a spouse or children may keep certain personal property, up to a set value, free from most creditor claims.
- Family allowance: the court can set aside support for a spouse and minor children while the estate is being settled.
These protections can work for you or against your plans, depending on your family situation. We explain how each one applies to your estate, so no one is caught off guard after the case is filed.
Why Choose Our Probate Attorneys in Coral Gables
When you hire our firm, you work directly with attorneys Michael A. Bracchi and Thomas R. Walser, not a rotating cast of junior staff. Every consultation starts with a partner, so you get seasoned advice from day one.
Think of it like seeing a cardiologist instead of a general doctor for a heart condition. Because we handle probate and estate administration all day, every day, we recognize the odd and complicated cases that a general firm may see only once in a career.
- More than 1,000 probate cases handled in the last five years, roughly 200 a year
- Michael has been a licensed attorney since 2003 and brings a pharmacy background that shaped a careful, detail-driven approach
- Thomas grew up in his father’s estate planning firm, which operated for 35 years
- A modern, technology-forward practice that runs almost entirely online, serving all 67 Florida counties
- Transparent, hourly billing instead of taking a percentage of the estate’s value
Michael has lost both of his own parents, so he understands the lost feeling that comes with settling an estate. That lived experience shapes how we treat every family. Call (561) 210-5500 to speak with a partner about your Coral Gables case today.
Serving Coral Gables and Nearby Communities
We serve families across Coral Gables and the surrounding Miami-Dade area, and distance is never a barrier because our process is remote. Whether you live near Miracle Mile or across the country, we can open and manage the estate for you.
Along with Coral Gables, we help clients in nearby Miami, Coconut Grove, South Miami, Pinecrest, and Coral Terrace, as well as Fort Lauderdale to the north. From our Boca Raton office, we manage probate throughout Florida using secure online portals and digital signatures.
FAQs Answered by a Coral Gables Probate Lawyer
If a person dies without a will, Florida’s intestacy law decides who inherits. The estate still goes through probate, and the property passes to the closest relatives in an order set by statute, usually starting with a surviving spouse and children. We identify the legal heirs and handle the same court process, with or without a will.
In most cases, no. Children are generally not personally responsible for a parent’s debts, which are paid out of the estate’s assets, not from the family’s own pockets. We often help beneficiaries avoid paying bills they are not legally required to cover, which can protect what you inherit.
Yes. Our practice is built to run remotely, with electronic document signing, secure online portals, and virtual consultations. You can scan and email the requested paperwork, and we prepare the filings and submit them to the court for you, so travel is rarely necessary for a standard administration.
Ancillary probate is a second, connected probate case in Florida for someone who lived in another state but owned Florida property. It is required when a non-resident dies owning real estate here, such as a Coral Gables vacation home. We coordinate the Florida side of the case so the property can transfer correctly.
Often, yes, though a small estate may qualify for a simpler path. Estates worth $75,000 or less, or where the person died more than two years ago, may use summary administration, and very small estates under $6,000 in personal property may avoid full probate entirely. We review the assets and tell you which option applies.
Start with a free consultation, where we review the estate and explain your options. From there, you send us the requested documents, we prepare the petition, and we file it with the Florida court that handles the case. Call (561) 210-5500 and we will take it from there.
Talk With a Coral Gables Probate Attorney Today
Settling an estate should not add stress to an already hard time, and you do not have to face the Coral Gables probate process alone. As a probate-focused firm serving all 67 Florida counties, we handle the court filings, creditor notices, and asset transfers while you focus on your family.
You will work directly with a partner, get answers to your questions, and stay updated at every step, all through a modern process you can manage from home. We truly want what is right for you and your loved ones.
Call Florida Probate Law Firm at (561) 210-5500 for your free consultation, or contact us online to get your Coral Gables probate case moving today.
