Miami Probate Attorney
Miami Probate Attorney | Guiding Florida Families Through Probate
Losing a loved one is hard enough without a confusing court process on top of the grief. Yet in Florida, most families must go through probate — the court-supervised process of settling a person’s estate — before they can access accounts, transfer the home, or distribute what was left behind. Done wrong, it drags on for months and drains the estate in fees. Done right, it moves efficiently so your family can move forward.
At Alfredo J. Rubio Law, PLLC, we guide Miami families through Florida probate from start to finish — with clear communication, transparent pricing, and service in English and Spanish. Whether you are a Personal Representative who was just handed a stack of paperwork or a family member who does not know where to begin, we handle the court so you can focus on your family.
What Is Probate in Florida?
Probate is the legal process a Florida court uses to validate a will (if there is one), pay the deceased person’s debts and taxes, and transfer the remaining assets to the rightful heirs or beneficiaries. It is overseen by the circuit court in the county where the person lived — for most of our clients, the Miami-Dade or Broward probate division.
Not every asset goes through probate. Assets with named beneficiaries (like life insurance or retirement accounts), jointly owned property, and assets held in a living trust usually pass outside of probate. But solely owned bank accounts, real estate, and personal property typically do — which is why so many Florida families end up in probate court whether they expected to or not.
The Florida Probate Process
Florida offers a few paths through probate, and choosing the right one saves your family time and money:
- Formal Administration — The standard process for most estates. A Personal Representative is appointed, creditors are notified, and assets are distributed under court supervision. It typically takes 6 to 12 months, sometimes longer.
- Summary Administration — A faster, simpler option available when the estate is valued at $75,000 or less (excluding the homestead), or when the person has been deceased for more than two years.
- Disposition Without Administration — For very small estates where the only assets were used for final expenses like the funeral and last medical bills.
- Ancillary Administration — For a person who lived in another state or country but owned property in Florida, so their Florida real estate can be transferred.
We review your situation, recommend the right path, and handle the filings, deadlines, and court appearances from there.
How We Help With Probate
Whether the estate is simple or complicated, we handle the full process for you:
- Opening the estate and getting the Personal Representative officially appointed.
- Preparing and filing every required court document, notice, and inventory.
- Notifying and negotiating with creditors, and resolving valid claims.
- Handling the homestead property, ancillary (out-of-state) probate, and title transfers.
- Guiding trustees through Trust Administration under Florida’s Trust Code (Chapter 736).
- Resolving disputes among heirs and, when necessary, defending or bringing a will contest.
- Making the final distributions and closing the estate correctly so it stays closed.
Probate for Miami's Diverse Community
Miami is a global city, and so are its families. At Alfredo J. Rubio Law, PLLC, we regularly help families where the heirs live in another country, where the deceased owned property both in Florida and abroad, or where documents and communication need to happen in Spanish. We understand that reality deeply — because we are part of this community.
We serve bilingual and Spanish-speaking families throughout Miami-Dade and Broward Counties, and we handle ancillary probate for foreign nationals and out-of-state owners with Florida property. Whether your family came from Cuba, Venezuela, Colombia, Nicaragua, Mexico, or anywhere else, we are your neighbors, and we are here to guide you through this with patience and respect.
Our Simple 3-Step Process
- Free Consultation — We start by understanding your loss, the assets involved, and where things stand. No legal jargon, no pressure.
- Clear Plan — We tell you which type of probate applies, what it will cost, and how long it should take — so there are no surprises.
- We Handle the Court — We prepare the filings, meet every deadline, deal with creditors and the court, and keep you informed until the estate is settled.
Why Miami Families Choose Alfredo J. Rubio Law, PLLC
- Bilingual Service — We work with you in English or Spanish. No interpreter. No barriers.
- Transparent Pricing — Clear costs upfront. No surprises.
- Responsive Communication — Your time and your grief matter. We keep you informed and move efficiently.
- Community-Focused — We are Miami attorneys serving Miami neighbors — not a faceless law factory.
- Personalized Attention — You work directly with Attorney Rubio, not a paralegal.
- South Florida Coverage — We serve Miami-Dade, Broward, Hialeah, Doral, Coral Gables, and beyond.
Frequently Asked Questions About Probate in Florida
A: A summary administration can sometimes finish in a few weeks, while a formal administration typically takes 6 to 12 months -- longer if there are disputes, creditor issues, or complicated assets. We work to move your case as efficiently as the court allows and keep you updated at every step.
A: Costs include court filing fees plus attorney fees. Under Florida Statute 733.6171, attorney fees for a formal administration are often based on a percentage of the estate (commonly around 3% of the first million dollars), though we discuss your specific costs upfront. Proper planning, like a living trust, can help your family avoid these costs entirely.
A: In most formal administrations, Florida law requires the Personal Representative to be represented by an attorney. Even in simpler cases, the deadlines and paperwork are strict, and mistakes can create personal liability -- so having a lawyer protects you.
A: The Personal Representative gathers the assets, notifies creditors, pays valid debts and taxes, and distributes what remains to the beneficiaries -- all under court supervision and legal deadlines. We guide you through every duty so you do not have to figure it out alone.
A: Yes. With proper planning -- a revocable living trust, beneficiary designations, and tools like Florida's Lady Bird deed -- most families can keep their estate out of probate entirely. After we help you settle this estate, we are glad to help you protect your own family from the same process.
A: Yes. We regularly handle ancillary probate for out-of-state and foreign owners of Florida property, and we work with heirs living abroad -- in Spanish when needed. We make a cross-border process as smooth as possible.
Schedule Your Free Consultation Today
Alfredo J. Rubio Law, PLLC provides probate and estate administration services to families throughout South Florida, including Miami, Miami Lakes, Hialeah, Doral, Coral Gables, Kendall, Homestead, North Miami, Aventura, Miami Beach, Pembroke Pines, Hollywood, Fort Lauderdale, Weston, and surrounding communities in Miami-Dade and Broward Counties.
Hablamos español. Sirviendo a la comunidad latina de Miami y el sur de la Florida.
