When a Miami-Dade resident passes away, someone has to step forward to settle the estate. In Florida that person is called the personal representative (the word “executor” appears in many wills, but the Florida Probate Code uses “personal representative”). Whether you were named in a will or are seeking appointment because a loved one died without one, the role carries real fiduciary duties under Chapters 731-735 of the Florida Statutes. Our practice exists to keep personal representatives out of trouble and to move estates to closing.
What a Personal Representative Actually Does
Once the Miami-Dade Circuit Court issues Letters of Administration, you hold legal authority to act for the estate. That means marshaling assets, identifying and notifying creditors, paying valid claims and taxes, protecting homestead property, and ultimately distributing what remains to the beneficiaries. You answer to the court, to the beneficiaries, and to creditors all at once. A misstep, even an honest one, can expose you to personal liability, which is why most personal representatives in Florida retain counsel.
Formal vs. Summary Administration
Not every estate needs the full process. Summary administration (Chapter 735) is available when the non-exempt estate is worth $75,000 or less, or when the decedent has been dead more than two years. Everything larger and more recent generally goes through formal administration (Chapter 733), where a personal representative is formally appointed. We help you choose the correct path the first time, because filing the wrong petition wastes months in a county where the probate division is already busy.
Florida Homestead and Why It Matters in Miami
Florida’s constitutional homestead protection often becomes the centerpiece of a Miami estate. Homestead generally passes outside the probate estate and is shielded from most creditors, but it is also subject to strict descent rules when a spouse or minor children survive. A personal representative who treats the family home like an ordinary asset can create serious problems. We routinely petition the court to determine homestead status so title can be cleared cleanly.
How We Support You
We handle the petitions, notices to creditors published in Miami-Dade, the inventory, the accounting, and the petition for discharge. We also step in when beneficiaries challenge your decisions or when an out-of-state heir or property requires ancillary proceedings. Our goal is a defensible record so that when the estate closes, your discharge is final and your exposure ends.
Consult a Florida Attorney
This page is general information about Florida probate, not legal advice for your situation. Probate deadlines and homestead rules are unforgiving, and the right strategy depends on the specific assets, the will, and the family involved. Speak with a licensed Florida attorney before acting as a personal representative so your decisions are protected from the start.