Why You Want a Civil Attorney in Miami for Probate — And What to Know

If you or a loved one are facing the death of a relative, estate administration, or possible probate in Florida, engaging a civil attorney in Miami (or across Florida) who is experienced in probate and estate matters can bring real peace of mind. At Law Offices of Andrew J. Pascale, we help families navigate the complex interplay of Florida’s estate laws, real estate issues (including commercial property), homestead protections, and probate procedures — so that your loved one’s legacy is handled properly and efficiently.

What Is a Probate Estate in Florida — And What Falls Outside It

What is included in the probate estate

In Florida, the “probate estate” consists of all property subject to estate administration under Chapter 733, Florida Statutes. Examples include assets owned solely in the decedent’s name without a beneficiary designation or survivorship clause; real estate owned in the decedent’s name (or as tenants‑in‑common); and commercial property or business assets forming part of the estate.

What is not part of the probate estate

Certain assets bypass probate entirely in Florida such as: 

• life insurance or annuities payable to a named beneficiary;
• POD (Pay on Death)/TOD Transfer on Death) accounts, jointly owned property with rights of survivorship, and assets held in a valid trust. 
• In some cases, Florida homestead property may avoid probate if it passes to a spouse or minor child.  One example is a Lady Bird Deed (enhanced life estate deed) which allows a property owner to retain control during their lifetime while naming a remainder beneficiary to receive the property automatically upon death, avoiding probate. This deed preserves homestead exemption while allowing the owner full lifetime rights.

Homestead Exemption, Probate, and Your Miami Property

Florida’s homestead protection shields a primary residence from most creditors and allows favorable tax treatment. In probate, homestead property passes under special rules, especially if there is a surviving spouse or minor children. For non-homestead or commercial properties, normal probate applies.

How a Grieving Family Benefits from Probate — And Why It’s Often Necessary

Probate ensures debts are paid, titles are cleared, and assets are distributed properly. It provides court supervision, protects beneficiaries, and clarifies ownership.

Without probate, assets solely titled in the decedent’s name may remain legally inaccessible. Probate is often required when the estate includes real estate or commercial assets, or when a will exists that must be validated.

Fee Structure for Probate in Florida: What to Expect

Under §733.6171, Florida Statutes, probate attorney fees are based on the estate’s compensable value. The statute presumes the following schedule for ordinary services:

• $1,500 for estates valued at $40,000 or less
• Additional $750 for estates between $40,000 and $70,000
• Additional $750 for estates between $70,000 and $100,000
• 3% on the next $900,000
• 2.5% on the next $2 million
• 2% on the next $2 million
• 1.5% on the next $5 million
• 1% on anything above $10 million

These are presumed reasonable, but fees can be negotiated. Homestead property may be excluded from the estate value unless the attorney performs extraordinary services.

Why Choose Us?

We provide compassionate, experienced legal representation in civil and probate matters across Florida. We handle estates with residential, investment, and commercial property, as well as complex family and homestead issues.

We are transparent about fees, guided by Florida’s statutory framework, and focused on efficient resolution for grieving families.

Contact us today at 877-667-1211.