Miami Probate Attorneys
When a loved one passes away owning a home in Brickell, a condo on Miami Beach, or a bank account in their sole name, a Miami probate attorney can open the estate, handle the court filings, and move assets to the people who should receive them.
At Florida Probate Law Firm, we focus only on probate and estate administration, and we help families across Miami-Dade County, and all 67 Florida counties, settle estates with less stress and fewer surprises.
You work directly with our attorneys, Thomas R. Walser and Michael Bracchi, from your very first phone call. Call us at (561) 210-5500 for a free consultation, and let us explain exactly how Florida probate applies to your family’s situation.
What Does a Miami Probate Attorney Do?
A Miami probate attorney guides the personal representative of an estate through the Florida court process, from filing the first petition to distributing the final asset. In plain terms, probate is the legal process a court uses to confirm a will, pay a person’s remaining debts, and transfer what they owned to their heirs.
Our job is to handle the paperwork and the deadlines, so you can focus on your family. That work usually includes:
- Filing the petition for administration with the Miami-Dade Circuit Court
- Publishing the notice to creditors, then reviewing and responding to any claims
- Preparing an inventory of the estate’s assets
- Paying valid debts and closing out final tax matters
- Distributing the remaining property to the beneficiaries
Every estate is a little different, so we tailor each step to your family’s assets, your relatives, and the wishes that were left behind. Florida law, spelled out in Florida Statutes Chapter 733, sets firm rules for each of these tasks, and we make sure they are met on time.
What Assets Go Through Probate in Miami?
Only assets a person owned in their sole name, with no beneficiary or co-owner attached, go through probate. Anything with a named beneficiary or a right of survivorship usually passes to the new owner without a court case at all.
That single rule surprises many families, so it helps to see how it plays out in real estates:
- Goes through probate: a solely owned Miami home, a bank account in only the decedent’s name, and a car titled to one person.
- Skips probate: life insurance, retirement accounts, and payable-on-death accounts that name a living beneficiary.
- Skips probate: property held jointly with right of survivorship, which passes straight to the surviving co-owner.
We review the full asset picture during your consultation, so you learn early which items need a court process and which do not. Sometimes only one account, or one Miami property, triggers probate, and knowing that up front helps you plan the fastest path forward.
Types of Probate Administration in Miami-Dade County
Florida offers three paths through probate, and the right one depends mostly on the size and age of the estate. Choosing correctly at the very start can save you months of time, and real money.
- Formal administration: Used for estates worth more than $75,000, or those with complex assets. A judge appoints a personal representative, and the court supervises the case, which usually runs six to 12 months.
- Summary administration: Available when the estate is worth $75,000 or less, or the person has been gone for more than two years. This simplified path is faster, often four to six months, and less expensive.
- Disposition without administration: Reserved for very small estates, this option can transfer limited assets without opening a full probate case at all.
During your free consultation, we review the estate’s value and its assets, then tell you which option fits and roughly what to expect. You can read the rules for the faster track in Florida Statutes Chapter 735, and that early clarity is one of the first things families thank us for.
How Long Does Probate Take in Miami?
Most Florida probate cases we handle wrap up in about five to six months, though the exact timeline depends on the type of administration and the complexity of the estate. That is far faster than the years many families fear.
We keep cases moving by opening the estate quickly, often within the first month, and by staying ahead of every court deadline. Because we work entirely by phone, email, and secure online tools, you never wait on a mailed document or an in-person meeting to keep things moving.
A few things can extend a case, such as creditor disputes, property that must be sold, or family disagreements about the will. Even then, we start the legal clock right away, so the process moves forward, and we do not wait for every relative to agree before we begin.
Speed matters because unpaid bills, property upkeep, and family stress all pile up while an estate sits open. Our goal is a clean, timely case, so the family can close this chapter and move on.
Miami-Dade County Probate and What Makes It Different
Probate in Miami-Dade County follows the same Florida statutes as the rest of the state, but the local court has its own procedures that catch many families and out-of-town attorneys off guard. Knowing these local rules is where focused, hands-on experience pays off.
Miami-Dade is one of the counties that uses restricted depositories, which means estate funds may need to sit in a court-approved account that no one can touch without a judge’s order. Cases move through the Eleventh Judicial Circuit Court, and filings run through the Miami-Dade Clerk of Courts.
Having handled more than 1,000 probate cases in the past five years, we have seen how the historic Miami-Dade County Courthouse downtown, and every division around it, likes its details. For families whose loved one owned property here, our Miami-Dade County probate services cover the full county.
Do You Need a Lawyer for Probate in Florida?
In almost every Florida probate case, yes, the personal representative must be represented by an attorney. Florida is different from many states in this respect, and the requirement is written into the state’s probate rules.
The rule exists to protect families and creditors from costly mistakes, because probate carries real legal duties and firm deadlines. Florida’s homestead protections, for example, decide who inherits a primary residence, and the rules shift depending on whether there is a surviving spouse or minor children.
We think of it this way: seeing a focused probate firm for an estate is a bit like seeing a cardiologist instead of a family doctor for a heart problem. Both are good at what they do, but one handles this specific process every single day.
Serving Out-of-State Families and Florida Property
Many Miami estates involve families who no longer live in Florida, or a loved one who split the year between Miami and a home up north. When someone who lived in another state dies owning Florida real estate, a separate Florida case, called ancillary probate, is usually required.
This comes up often with Miami Beach condos, Brickell high-rises, and vacation homes owned by snowbirds. We regularly handle ancillary probate for out-of-state property owners, coordinating with attorneys and courts in the home state, so you are never caught between two systems.
Because our process is fully electronic, distance is rarely a problem. We work with clients across the country, and internationally, without asking anyone to fly to Florida for a hearing.
How Does Our Modern Probate Process Work?
Our probate process runs in three simple steps, and most of it happens without you ever leaving home. We built it around technology, so families anywhere can settle a Miami estate with ease.
- Free consultation: We review your situation by phone and tell you whether the estate qualifies for summary or formal administration, along with a preliminary estimate of what to expect, court costs included.
- Gather documents: You scan and upload paperwork to our secure online mailbox, and we prepare and file your petition with the proper Miami-Dade court.
- Court approval and distribution: Once the court issues its order, assets move to the beneficiaries, with formal cases involving a few additional steps.
You can complete every part of this from your kitchen table, and we send pleadings for signature and e-file with the court on your behalf. From the first call to the final distribution, you deal directly with our attorneys, not junior staff.
Why Families Choose Our Miami Probate Lawyers
Choosing the right Miami probate lawyer comes down to three things: focus, access, and honesty. Here is what sets our firm apart.
- We handle probate and estate administration only, so this process is never a sideline for us. It is what we do all day, in all 67 Florida counties.
- You work directly with attorneys Thomas R. Walser and Michael Bracchi from your first call, and you are never handed off to junior staff.
- Michael brings a pharmacy background to the law, where precision is everything. As he puts it, “We changed the lab coat for a suit, but the goal is the same: helping people through their toughest moments with precision and empathy.”
- We bill by the hour with clear terms, rather than charging a percentage of the estate’s value, so the cost reflects the actual work involved.
- Michael has walked this road personally after losing both of his parents, and that experience shapes the patient, honest way we treat every family.
We know you have questions, and we are here to answer them in plain language. Call us at (561) 210-5500 for a free consultation with a Miami probate attorney today.
FAQs Answered by Our Miami Probate Attorney
No, a will does not avoid probate. A will names who should inherit and who should serve as personal representative, but the court process is still required to confirm the will and legally transfer assets. Assets with named beneficiaries, such as life insurance and retirement accounts, pass outside probate on their own.
The cost depends on the type of administration, the size of the estate, and how complex the assets are. During your free consultation, we give you a preliminary estimate that includes court costs, so you know roughly what to expect before you commit. We bill by the hour rather than taking a percentage of the estate.
Yes, we work with families across the country and around the world. Our process is fully electronic, so you can sign documents, share paperwork, and reach us without traveling to Miami. This is common for out-of-state heirs, and for ancillary probate involving Florida property.
A personal representative is the person the court appoints to manage the estate, which other states often call an executor. This person gathers the assets, notifies creditors, pays valid debts, and distributes property to beneficiaries. Our firm can also serve as personal representative when a neutral third party is needed.
In most cases, no. Children are generally not personally responsible for paying a deceased parent’s debts out of their own pockets. Valid debts are paid from the estate’s assets during probate, and we help families understand which bills they are, and are not, required to pay.
Florida’s homestead rules give a primary residence special protection, and they decide who inherits it, especially when there is a surviving spouse or minor children. A homestead often passes outside the normal probate estate by operation of law. We review the property early, so the family understands their rights from the start.
Getting started is simple. Call us at (561) 210-5500 for a free consultation, and we will review the estate, explain your options, and describe the likely timeline and costs. From there, you upload a few documents to our secure portal, and we prepare the first filing for you.
Contact a Miami Probate Attorney Today
Settling an estate is hard enough without facing Florida’s courts alone. Our firm handles the filings, the deadlines, and the fine details, so your family can focus on healing.
Whether the estate involves a downtown Miami condo, a family home in Coral Gables, or property in another state, we are ready to help you take the first step. As a probate-focused firm serving all 67 Florida counties, we bring the same care and precision to every case.
Call Florida Probate Law Firm at (561) 210-5500 for your free consultation with a Miami probate attorney. We will listen to your situation, explain your options in plain language, and help you move forward.
