Miami Probate Attorney | The Estate Plan

In almost every formal administration, Florida requires the personal representative to hire a probate attorney. Miami-Dade estates are no exception. Under Florida Probate Rule 5.030, a personal representative must be represented by a Florida-licensed attorney unless that person is the sole interested party in the estate, which is rare once there is more than one beneficiary or a single unpaid creditor.

The Estate Plan handles probate for families across Coral Gables and the greater Miami area, from straightforward summary administrations to estates that span several years and multiple properties. 

Peter A. Dyson, Esq., leads our firm from our office on Ponce de Leon Boulevard. If you are holding a death certificate and a stack of paperwork and are not sure what comes first, call us at 305-735-2689.

Do You Need a Lawyer for Probate in Florida?

Yes, in nearly all cases. Florida Probate Rule 5.030 requires every personal representative to be represented by an attorney admitted to practice in Florida, with two narrow exceptions.

The first exception applies when the personal representative is the sole interested person, meaning the only beneficiary, with no competing heirs and no outstanding creditor claims. The second applies when the personal representative is a Florida attorney and can appear on their own behalf.

Miami-Dade clerks reject filings submitted by unrepresented personal representatives in formal administration, so this is not a rule you can work around. It exists because probate creates duties owed to others, including beneficiaries and creditors, and the court wants counsel to be accountable for those duties.

How Does the Florida Probate Process Work?

Florida offers three paths through probate, and the size and age of the estate decide which one applies. The right path is usually clear within the first meeting once we see the asset list.

Formal administration

This is the full court process under Chapter 733 of the Florida Statutes. The court appoints a personal representative, issues letters of administration, and oversees the inventory, the creditor notice period, and the final distribution. Most estates with real property or contested issues land here.

Summary administration

Summary administration is the streamlined path, and the rules changed in 2026. Effective July 1, 2026, Section 735.201 raised the value limit from $75,000 to $150,000 in non-exempt probate assets. An estate also qualifies if the person has been deceased for more than two years, regardless of value.

Homestead property, retirement accounts, and life insurance with a named beneficiary do not count toward that limit, so many estates sit well under it. Families who were told a year ago that an estate was too large for the fast track may now get a different answer.

Disposition without administration

This applies to very small estates with no real property and reimburses whoever paid the final medical and funeral expenses. The 2026 changes raised that personal property limit from $10,000 to $20,000 as well.

Which track fits depends on the estate’s non-exempt value, the date of death, and whether the will directs formal administration. We sort that out before anything is filed, because choosing wrong costs months.

How Do You Open a Probate Case in Miami-Dade County?

You open a Florida probate case by depositing the original will with the clerk and filing a petition for administration in the county where the person lived. In Miami-Dade, that means the Probate Division of the Eleventh Judicial Circuit.

Florida law requires the custodian of an original will to deposit it with the clerk within 10 days of learning of the death. Most filings go through the statewide e-filing portal, but the original will and any codicils must be delivered physically to the Miami-Dade Clerk of Court. Missing that step is one of the most common causes of early delay in local cases.

After the petition, the court issues letters of administration, the personal representative publishes notice to creditors, and the three-month claims window opens. We handle that sequence as Florida probate administration counsel, so the family is not tracking deadlines on its own.

Probate and Estate Matters We Handle

Probate is one part of what happens after a death, and it often arrives alongside other questions about trusts, property, and family disagreements.

• Formal and summary administration of testate and intestate estates
• Ancillary administration for out-of-state residents who owned Florida property
• Trust administration, which runs outside probate but carries its own duties and deadlines
• Homestead and exempt property determinations
• Creditor claim review and objections
• Contested estates, where a probate litigation attorney steps in to handle will challenges, removal petitions, and accounting disputes

Families searching specifically for a Coral Gables probate attorney will find the same team handling all of it from one office.

How Long Does Probate Take in Florida?

Most formal administrations run six months to a year, and summary administrations can close in a matter of weeks once the petition is accepted. The creditor claims period alone accounts for three months of any formal case.

Timelines stretch when real property has to be sold, when heirs live abroad, or when someone objects to the will or the accounting. Our guide on how long probate takes in Florida breaks down each stage with realistic ranges.

Ancillary administrations for out-of-state residents who owned a Florida condominium often move faster than families expect, because the Florida filing covers only the Florida property. The home-state estate proceeds separately on its own schedule.

We give families a timeline at the start and update it as things change, so nobody is left guessing for months at a time.

Why Families Turn to The Estate Plan

Probate arrives at the worst possible moment. Most of the people who call us are grieving, are suddenly responsible for someone else’s affairs, and have never seen a court filing before. We try to make our part of it predictable.

• We file in Miami-Dade regularly and know what the local clerks and judges require, including the county’s original will and smart form procedures.
• We handle both planning and administration, so we can see how a will or trust was meant to work before we administer it.
• We answer the procedural questions plainly, because probate readers usually want to know what happens next rather than a lecture on the law.
• We keep the personal representative ahead of deadlines instead of reacting to them.

You are allowed to ask basic questions, and you will not be made to feel behind for asking them. Call 305-735-2689 to speak with our team, Monday through Friday, 9:00 a.m. to 5:30 p.m.

FAQs Answered by Our Probate Attorney in Miami-Dade County

Below are questions we hear from personal representatives and beneficiaries in their first week.

Who has priority to serve as personal representative?

If there is a will, the person named in it has first priority. Without a will, Florida gives priority to the surviving spouse, then to the person selected by a majority of the heirs, then to the closest heir by degree of relationship.

Can a personal representative live outside Florida?

Sometimes. A non-resident can serve if they are a spouse, sibling, parent, child, or certain other close relatives, or related by lineal consanguinity to one of those people. An unrelated out-of-state friend generally cannot serve.

What if the original will cannot be found?

Florida presumes a missing original will was revoked, and overcoming that presumption requires proving the contents and the circumstances of the loss to the court. A copy alone is not enough on its own.

Do bank accounts with a named beneficiary go through probate?

No. Accounts with a payable-on-death or transfer-on-death designation pass directly to the named beneficiary by contract, outside the probate estate, as do retirement accounts and life insurance with a living named beneficiary.

Can creditors reach a Florida homestead?

Generally no. A properly protected homestead passing to a surviving spouse or heirs is shielded from most creditor claims under the Florida Constitution, though obligations like mortgages, property taxes, and construction liens still attach.

What happens if an heir cannot be located?

The personal representative must make a diligent search and may need to serve notice by publication. If the heir still does not appear, the court can direct that the share be deposited with the clerk.

Is probate required if everything was in a trust?

Usually not, provided the trust was actually funded. Assets left outside the trust still need a probate filing, which is why a short pour-over will is often filed alongside the trust administration.

Speak With a Coral Gables Probate Attorney

You do not need to understand the process before you call. Bringing the death certificate, the original will if you have it, and a rough list of accounts and property is enough for us to tell you which path the estate is on.

The Estate Plan represents personal representatives, beneficiaries, and trustees throughout Coral Gables and Miami-Dade County. Call 305-735-2689 or use our contact page to schedule a consultation at our Ponce de Leon Boulevard office.