Families in Miami often start by asking whether probate is even required. The answer turns on what the person owned, how it was titled, and Florida law. Below is general background to help you have a productive first call with a licensed Florida attorney.
Florida probate basics (general summary)
Florida estates are opened in the circuit court of the county where the decedent lived. Florida distinguishes between summary and formal administration, and homestead protections may affect a primary residence. Families with relatives abroad or property in more than one country should raise that with a licensed Florida attorney early.
Every estate is different, and rules, thresholds, and deadlines change. Nothing here replaces advice from a licensed Florida attorney who has reviewed your situation.
Fees and how to choose
Fees. Expect one of three structures: hourly with a retainer, a flat fee for a straightforward estate, or, where state law provides for it, a percentage of the estate. We do not publish dollar figures because they vary by state, county, and complexity. The estate typically pays.
Choosing well. Check the Florida bar website for license status and discipline. Ask how many estates they handled last year, whether they have dealt with your situation (no will, out-of-state executor, disputes), and how they communicate.
Timeline
Uncontested estates commonly take six months to a year or more, largely because of mandatory creditor notice periods and court scheduling. Simplified procedures for smaller estates can be much faster. Disputes, real estate in more than one state, and tax issues extend the process.
The house and its contents. Do not dispose of contents until someone has authority to act. Then see our pages on estate cleanout in Miami and estate sales in Miami.
How attorneys appear on Estate Next Steps
We do not refer clients to attorneys or accept per-lead payments for legal services. Attorneys listed for Miami pay a flat advertising fee for a clearly labeled featured listing. We do not rate or rank attorneys. Verify any attorney's license with the Florida bar before engaging them.