The Last Thing You Want to Deal With After a Loved One’s Passing is The Court System
When someone passes away in Florida without an estate plan or with just a will, their assets don’t automatically go to their family. Before anything can be inherited (the bank accounts, the home, the investments), a court has to officially supervise the process of settling the estate. This process is called probate, and in Miami-Dade, it goes through the Eleventh Judicial Circuit.
There are deadlines to meet, creditors to notify, assets to identify, and a specific sequence of filings that have to happen in the right order. Miss a step or file something incorrectly, and the entire process stalls. This could turn a 6-month process into an 18-month one, and during that time your family will have no access to any of your assets.
Probate Has a Specific Sequence. One Mistake Stalls the Whole Thing
Miami-Dade’s Eleventh Judicial Circuit has its own procedures, its own deadlines, and its own expectations—and the court won’t slow down to explain what you missed. We’ve handled probate cases in this circuit for decades. We know exactly what needs to be filed, in what order, and by when. More importantly, we know what the Personal Representative is walking into before they sign anything—because the liability that comes with that role is real, and most people don’t find that out until something goes wrong.
What Life Looks Like When Probate Is Handled Right
Your family knows exactly what’s happening and when. The Personal Representative has legal authority from day one. Creditors are handled in the right order so nobody shows up later with a claim that derails the distribution. The mortgage and HOA obligations on your loved one’s Coral Gables home are managed throughout. And when the court signs off, assets go to your family as efficiently as the process allows—without surprises, without stalls, and without your family having to chase anyone for answers.
What Happens When Probate Isn’t Handled With an Attorney
Assets get frozen, and bills keep coming.
Until the court appoints a Personal Representative, nobody has legal authority to access accounts or pay the estate’s ongoing obligations. The Coral Gables mortgage still needs to be paid. The HOA still sends bills. Without someone moving quickly through the process, families end up responsible for expenses on an estate they can’t legally touch yet.
Creditors have a legal right to make claims.
Under § 733.702, creditors have a specific window to file claims against the estate during probate. If those claims aren’t handled in the right order, they can complicate the distribution to your family later. Getting this wrong has huge consequences for what your family actually walks away with.
Family disagreements can derail everything.
Probate is where family tensions come to the surface. In Miami-Dade’s probate court, any of these disputes can turn a straightforward process into a prolonged legal battle.
What the Probate Process Actually Looks Like With an Attorney
1: We open the estate
We file the petition with Miami-Dade's probate court, get the Personal Representative officially appointed under § 733.301, and submit the will for validation if there is one. This is the step most families don't know how to start and we handle it completely.
2. We notify creditors
Florida law under § 733.2121 requires every creditor to be formally notified that the estate is open. That notice starts a legal countdown on how long they have to make a claim. We do this correctly the first time so nobody shows up months later saying they weren't informed.
3. we track down assets
Before anything gets distributed, every asset has to be accounted for. For most Coral Gables estates that means real estate, bank accounts, investment portfolios, and sometimes business interests. We make sure nothing gets missed.
4. we pay what's owed
Florida law is specific about who gets paid first; funeral costs, administrative expenses, taxes, then creditor claims. Beneficiaries come last. We handle this sequence correctly so the distribution doesn't get challenged later.
5. we give assets to your family
Once the court signs off on everything, assets go to beneficiaries according to the will, or according to Florida's intestate (meaning no will) succession laws under § 732.102 if there isn't one. This is the finish line, and we work to get your family there as efficiently as possible.
What our customers say
Answering Commonly Asked Probate Questions
What if the person who passed away had debts that exceed what the estate is worth?
You don’t inherit someone’s debt just because you inherit their estate. The debt belongs to the estate, meaning it gets paid from whatever assets exist, and if there isn’t enough to cover everything, some creditors simply don’t get paid in full. Florida law under § 733.707 sets a specific order for who gets paid first when money runs out—certain expenses like funeral costs and taxes come before credit card companies and medical bills, for example. Once the money is gone, it’s gone. Your family doesn’t make up the difference out of pocket.
How long does probate typically take in Miami-Dade?
Summary administration wraps up in weeks. Formal administration typically takes six months to a year, sometimes longer if disputes arise. The biggest factor is how well prepared the filings are from the start.
What exactly is a Personal Representative and what do they have to do?
A Personal Representative is the person legally responsible for managing the entire probate process, you can think of them as the point person between the estate and the court. They’re responsible for filing paperwork, notifying creditors, managing assets, paying debts, and ultimately distributing what’s left to the beneficiaries.
Can the personal representative be held personally responsible if something goes wrong?
Yes, they can. Under § 733.609, a Personal Representative can be held personally liable for losses to the estate caused by a breach of their legal duties. That means mismananging assets, paying the wrong creditors first, or missing court deadlines. This is one of the most important reasons having a probate attorney is so necessary.
What happens to a home in Coral Gables during probate?
The home stays as-is until the court approves the final distribution, and during that entire time, someone has to keep up with the mortgage, the property taxes, the HOA, and the insurance. The Personal Representative is responsible for maintaining the property’s value throughout the process. If the home needs to be sold as part of the estate, that sale has to be handled through the probate court as well. For families dealing with valuable Coral Gables real estate, this is one of the most time-sensitive parts of the process, and we make sure it’s managed correctly from day one.
You Shouldn’t Have to Figure Out Florida’s Probate System On Your Own
Most families come to our firm having never dealt with probate before, at a time when they’re already grieving. We handle it and take the legalities off their backs so they don’t have to figure it out alone.
Schedule your consultation with Family Life Law Today
If you’re dealing with an estate planning, probate, or family law matter and want to understand your options, contact us today to schedule a consultation.
Martha Mendez
Martha Mendez, Esq. is a highly dedicated attorney with seven years of experience specializing in elder and estate planning, real estate, and family law. Her unique professional journey—rising from a legal secretary and paralegal to an attorney—reflects a deep commitment to the field, culminating in a Juris Doctor earned cum laude from St. Thomas University. A member of the National Academy of Elder Law Attorneys, Martha is passionate about protecting her clients' assets and navigating complex life transitions with expertise. When she isn't advocating for her clients, the Florida International University alumna enjoys boating, kayaking, and traveling with her husband and three children.