If you live in Miami-Dade County, you have probably heard horror stories about probate dragging on for months. Below we answer the questions families ask us most about keeping assets out of Florida probate court.
What exactly is probate in Florida?
Probate is the court-supervised process for settling a deceased person’s estate under the Florida Probate Code (Chapters 731 through 735). In Miami-Dade, these matters are handled by the Circuit Court’s probate division. Florida recognizes two main paths: formal administration (the full process, common for larger estates) and summary administration, a faster option generally available when the estate’s non-exempt assets are valued at $75,000 or less, or when the person has been deceased for more than two years.
Why do so many Miami families want to avoid it?
Formal administration can take many months, requires a personal representative, and becomes part of the public court record. For families juggling a downtown condo, a small business in Doral, or relatives spread across countries, the delay and exposure can be frustrating. Avoiding probate often means heirs gain access to assets sooner and with more privacy.
Does a revocable living trust really keep assets out of probate?
Yes, when it is funded properly. A revocable living trust under Florida’s Trust Code (Chapter 736) lets you transfer ownership of your home, accounts, and other property into the trust during your lifetime. Because the trust, not you individually, owns the assets at death, they pass to your beneficiaries without court involvement. The catch most people miss: a trust only avoids probate for assets actually retitled into it. An unfunded trust sitting in a drawer does nothing.
What about my house? I heard about a special Florida deed.
You may be thinking of the enhanced life estate deed, widely known in Florida as a Lady Bird deed. It lets you keep full control of your Miami home during your lifetime, including the right to sell or mortgage it, while naming who receives it automatically at death. The property transfers outside probate, and it generally does not trigger the loss of your homestead protections or Save Our Homes assessment cap during your life. Florida’s constitutional homestead protection (Article X, Section 4) and its rules limiting how homestead can be devised still apply, so the deed must be drafted carefully.
Are there simpler tools too?
Absolutely. Many assets pass outside probate through beneficiary designations:
- Payable-on-death (POD) bank accounts
- Transfer-on-death (TOD) brokerage accounts
- Life insurance and retirement accounts with named beneficiaries
- Property held as joint tenancy with right of survivorship or, between spouses, as tenancy by the entirety
Reviewing these designations is one of the cheapest, most effective steps a Miami family can take.
If I avoid probate, do I still need a will?
Yes. A valid Florida will (executed under Section 732.502, signed before two witnesses and a notary) acts as a safety net for any asset you forgot to retitle, and it lets you name guardians for minor children. A common plan is a “pour-over” will paired with a funded revocable trust.
The bottom line
Avoiding probate in Miami is very achievable, but the right mix of trust, deed, and beneficiary designations depends on your family, your homestead, and your goals. Florida’s homestead and elective-share rules can quietly undo a do-it-yourself plan. Before signing anything, consult a licensed Florida estate planning attorney who can tailor a strategy to your situation.
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