Probate Lawyer Homestead, Florida

Filing probate in Miami-Dade County

Homestead probate cases are filed with the Miami-Dade County Clerk of Court and heard in the 11th Judicial Circuit Court. The probate division operates from the Lawson E. Thomas Courthouse Center at 175 NW 1st Ave., Miami. Florida offers four primary administration paths; the right one depends on estate value, time since death, and asset type.

Formal administration. The default path for most Florida estates. A personal representative is appointed, creditors are noticed, assets are inventoried, debts and taxes are paid, and remaining assets are distributed to beneficiaries. Court supervision throughout. Typical timeline 6 to 9 months for an uncontested case.

Summary administration. Available under Florida Statute 735.201 when the decedent's non-exempt estate value is under $75,000, or when the decedent has been deceased for more than two years. Streamlined process, no personal representative appointment required, no full creditor period. Typical timeline 4 to 8 weeks.

Ancillary administration. Required when an out-of-state or out-of-country decedent owned Florida real property. The primary probate runs in the decedent's home jurisdiction; the ancillary probate handles the Florida property under Florida law. Common in Homestead where family members and decedents often have ties across multiple jurisdictions including Caribbean and Latin American countries of origin.

Disposition without administration. Available in narrow circumstances when assets are limited to exempt property and reimbursement of last expenses. Most Homestead estates don't qualify.

Probate scenarios common in Homestead

Homestead's resident profile creates several distinct probate administration scenarios.

Agricultural and nursery operator estates. Homestead and surrounding south Miami-Dade have one of the largest concentrations of farms, nurseries, and agricultural operations in South Florida. Estates often include farm or nursery land (frequently held across multiple parcels and entities), inventory of plants or crops, equipment, employed farm and nursery staff, ongoing customer and supply contracts, and any commercial agricultural business interests. These assets require operational continuity attention during probate.

Caribbean and Latin American diaspora estates. Homestead has significant communities with origins in Cuba, Haiti, Mexico, Puerto Rico, Jamaica, the Dominican Republic, and Central American countries. Estates often involve assets held in countries of origin, family members residing abroad, prior or ongoing succession proceedings in another country, and cross-border tax and inheritance considerations. Coordinating Florida probate with foreign succession proceedings is common and requires explicit attention.

Multi-generational household estates. Homestead has substantial multi-generational household concentration, with adult children, sometimes with their own families, sharing housing with retired parents. Estates often involve commingled household finances, joint accounts, shared property, and informal financial arrangements between generations that need clarification during administration.

Working family estates. Homestead has a substantial working-age population. Estates in this segment are often smaller, may qualify for summary administration, and frequently include retirement accounts, life insurance, and homestead property as the primary value.

Out-of-state or out-of-country property estates. Some Homestead properties are owned by primary residents of other US states or other countries. When the owner passes, the Florida property requires ancillary administration in Miami-Dade County alongside the primary probate in the home jurisdiction.

Types of Florida probate administration

The biggest probate mistakes Homestead families make

Waiting too long to file on agricultural and nursery estates. For estates that include active farm or nursery operations, delay creates operational chaos. Plants need watering, crops need harvesting on schedule, employees need direction and paychecks, and customer deliveries need to continue. Filing promptly and securing personal representative authority is critical.

Discovering multi-jurisdiction asset holdings mid-administration. Families with origins in Cuba, Haiti, Mexico, Puerto Rico, the Dominican Republic, and other Caribbean and Latin American countries often have assets, family ownership interests, or family-held real estate in those countries. When this is discovered weeks or months into Florida probate, families face delays while foreign succession proceedings are evaluated and initiated. Identifying multi-jurisdiction holdings during initial intake is far less expensive than discovering them later.

Informal multi-generational arrangements without documentation. Joint accounts between parents and adult children, real estate held in one family member's name while financially supported by another, and informal loans within the family can all create disputes at death about who actually owns what. Probate administration may require resolving these questions before distribution can proceed.

Acting as personal representative without counsel. Florida Statute 733.6171 effectively requires representation for non-attorney personal representatives in formal administration. The personal representative carries personal liability for errors in distribution, creditor handling, and tax filings.

Distributing assets before the creditor period closes. Distributing to beneficiaries before the 3-month creditor period expires (after publication of notice) creates personal liability for the personal representative if valid creditor claims arrive after distribution.

Probate costs and personal representative fees

Florida probate has three main cost categories.

Court and publication costs. Filing fees in the 11th Judicial Circuit run a few hundred dollars. Notice of administration must be published in a local newspaper of general circulation, adding several hundred dollars. Certified copies of letters of administration, bond premiums (where applicable), and recording fees add to the baseline cost.

Personal representative compensation. Florida Statute 733.617 sets a reasonable fee schedule for personal representatives based on the value of the estate, with extraordinary services compensated separately. Many Homestead estates involve a personal representative who is a family member; they may waive compensation or take a reduced amount.

Attorney fees. Florida Statute 733.6171 governs reasonable attorney compensation for probate administration. The fee schedule is tied to estate value, with separate compensation available for extraordinary services such as will contests, tax matters, agricultural business coordination, cross-border succession coordination, ancillary administration, and litigation. All attorney fees are subject to court approval.

Why work with Kelley, Grant & Tanis, P.A.

Brett Halperin leads the firm's probate, estate planning, trust administration, asset protection, and elder law practice. Brett earned his JD from the University of Florida Levin College of Law and his Bachelor's in Economics from the University of Florida, where he was a member of Florida Blue Key. He's a member in good standing of the Florida Bar. Full attorney bios on our attorneys page.

The firm's two offices are in South Florida, approximately 45 minutes to 1.5 hours north of Homestead:

• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432
• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401

Most Homestead probate work is handled remotely. Initial consultations with personal representatives and family members are by phone or video. Court filings are handled by counsel without the personal representative appearing. For Homestead families with cross-border family connections, the remote workflow keeps administration moving without requiring travel.

Our probate practice integrates with the firm's estate planning, trust creation, asset protection, and real estate practices.

Frequently Asked Questions