When a loved one dies owning property in Miami-Dade County but the family lives in New York, New Jersey, Illinois, or anywhere outside Florida, the probate process can feel like a maze run from a thousand miles away. Our Miami practice focuses on exactly that situation: out-of-state heirs, personal representatives who cannot easily travel, and ancillary probate of Florida real estate owned by people who lived and died in another state. We handle Florida probate under the Florida Probate Code (Chapters 731-735) so families do not have to learn it under pressure.
Why Florida Probate Is Different for Non-Residents
Florida is a magnet for second homes, condos on Brickell and Miami Beach, and rental property. When the owner was domiciled elsewhere, the home state handles the primary estate, but Florida real property still requires a Florida proceeding to clear title. This is called ancillary administration. Florida also imposes its own rules on homestead protection, creditor claims, and who may serve as personal representative, which frequently surprise families used to another state’s process.
How We Serve Heirs Who Live Out of State
Most of our probate clients never set foot in our office. Florida law allows much of the work to proceed by mail, e-filing, and electronic signature, and a Florida attorney can shoulder court filings, notices to creditors, and communication with the Miami-Dade Clerk and the Circuit Court probate division. For out-of-state personal representatives, we explain Florida’s residency and qualification rules early, because a non-resident can generally serve only if related to the decedent in a qualifying way under section 733.304.
Florida Probate Paths We Handle
We guide families through formal administration, summary administration for smaller or older estates, ancillary probate for Florida property of non-resident decedents, the duties of the personal representative, and contested matters that lead to probate litigation. We also assist with the planning tools, such as Lady Bird (enhanced life estate) deeds and revocable trusts, that can keep Florida property out of probate entirely for the next generation.
What to Gather Before Your Consultation
It helps to bring the original will if one exists, the death certificate, a list of Florida assets and their approximate values, the names and addresses of all heirs and beneficiaries, and any documents showing how Florida property is titled. Even partial information lets us map the likely path and timeline before any court filing.
Talk to a Florida Probate Attorney
This site provides general information about Florida probate, not legal advice for your specific estate. Every estate turns on its own facts, deadlines, and title issues. Before acting, consult a licensed Florida attorney who can review your documents and advise you directly. Our Miami team welcomes calls and emails from heirs and personal representatives anywhere in the country.