Why Miami's probate property volume runs above the Florida average
Several structural factors keep Miami-Dade's probate caseload heavy. The county has one of the highest concentrations of owner-occupied condominiums in the Southeast, and condo owners tend to skew older — Brickell, Aventura, Sunny Isles, and the Miami Beach barrier-island neighborhoods all show median owner ages well above the state average. As that cohort ages, the volume of estates running through the 11th Judicial Circuit's probate division grows in lockstep.
Miami also has an unusually high share of out-of-state and foreign-national property owners. New York, New Jersey, and Massachusetts owners are common in Aventura and Sunny Isles; Latin American owners are heavily represented in Brickell and Coconut Grove condos; and Canadian owners are common in Miami Beach. When those owners pass away, ancillary or full probate often becomes necessary in Miami-Dade because the property is located here, even if the decedent's primary residence was elsewhere.
Finally, condo-association assessment defaults occasionally tip estates into a difficult cash-flow position during probate, particularly when special assessments hit older buildings under Florida's post-2022 milestone-inspection rules. Heirs facing five-figure special assessments on an inherited unit frequently turn to a quick cash sale rather than continuing to fund a building they did not choose.
Florida probate basics: Formal vs. Summary Administration
Florida probate splits into two main tracks. Formal Administration, governed by Fla. Stat. Chapter 733, is the full process: a personal representative is appointed, creditors get a three-month notice window, an inventory is filed, and the court oversees distribution. Formal Administration is required when the non-exempt estate exceeds $75,000 and the decedent has been deceased for less than two years.
Summary Administration under Fla. Stat. § 735.201 is the streamlined option. It is available when the non-exempt estate is $75,000 or less, or when the decedent has been deceased for more than two years. Summary Administration skips the personal-representative appointment, which saves time but creates a different selling challenge — the court order itself becomes the basis for transferring title, and the heirs sign the deed directly rather than through a representative.
Personal representative authority to sell real property
Most Miami probate sales of real estate require a separate court order called an Order Authorizing Sale of Real Property, issued under Florida Probate Rule 5.370. The personal representative files a petition that describes the property, the proposed buyer or sale terms, and the reason the sale is in the estate's best interest. Notice goes to beneficiaries and known creditors. Unless someone objects, the order is typically signed within two to four weeks of the petition.
There are two important exceptions. First, if the decedent's will explicitly grants the personal representative the power of sale, no separate order is needed and the representative may sign the deed directly. Second, sales that fall within the scope of paying off creditor claims or estate expenses sometimes proceed under a different procedural path. Either way, the title company underwriting the sale will tell you which document it needs to insure the title.
Florida homestead and inherited Miami real estate
Florida's homestead protection under Article X § 4 of the Florida Constitution is the single most-misunderstood rule in probate. Homestead property is shielded from most creditors of the decedent, and it passes to specific heirs under specific restrictions — not under the residuary clause of the will. If the decedent left a surviving spouse, the homestead vests in the spouse as a life estate (or fee simple by election under Fla. Stat. § 732.401), with a vested remainder in the lineal descendants. If there is a minor child, the homestead cannot be devised at all.
Practically, this means the very first step on a Miami homestead probate sale is usually a Petition to Determine Homestead Status of Real Property filed with the probate division. The court issues an order confirming homestead status and identifying the heirs in whom title now vests. Until that order issues, a title company will not insure a sale, and a cash buyer will need to wait for it. The petition typically resolves within 30 to 60 days when it is uncontested.
Out-of-state and foreign heirs: the practical realities
The Miami-Dade probate division is well-versed in remote heirs. Florida allows a non-resident to serve as personal representative if the person is a spouse, sibling, parent, child, or other close relative of the decedent under Fla. Stat. § 733.304. Hearings are routinely conducted by Zoom, and signatures on deeds and petitions can be notarized remotely through a Florida-licensed online notary or executed in front of a notary in the heir's home state and shipped to the title company.
For foreign heirs, the practical bottleneck is usually not the court but the IRS: under FIRPTA (Foreign Investment in Real Property Tax Act), a buyer must withhold up to 15 percent of the gross sale price when the seller is a foreign person and the property sells for more than $300,000. Heirs in this situation should plan for an IRS Withholding Certificate (Form 8288-B) or budget for the withholding to be released after the next federal return is filed. A cash buyer experienced with Miami probate is generally comfortable handling this through escrow.
Typical Miami-Dade probate timelines in 2026
Recent dockets in the 11th Judicial Circuit suggest the following ranges for uncontested matters, with the usual caveat that any specific case can take longer:
- Summary Administration: 60 to 90 days from petition to order distributing the property.
- Formal Administration: 6 to 12 months from petition to final discharge, with the three-month creditor-notice period being the floor.
- Order Authorizing Sale of Real Property: typically 2 to 4 weeks from petition to signed order in an uncontested file.
- Petition to Determine Homestead Status: 30 to 60 days when uncontested.
- Contested probate or will contest: 12 to 24 months is common; complex contests can run longer.
The single biggest variable is whether anyone files an objection or a competing petition. A clean estate with cooperative heirs and an attorney familiar with Miami-Dade procedures moves through quickly; a disputed estate can sit for years.
Heir options for selling the Miami house
Once the personal representative has authority (or the heirs are vested under Summary Administration), heirs typically weigh three paths.
Traditional MLS listing. Works well when the property is in good condition, the heirs are not under time pressure, and the carrying costs (taxes, HOA dues, insurance, lawn service) are manageable during a marketing period. Miami-Dade listings on probate property regularly disclose the estate situation in the MLS remarks. Days on market vary by submarket but expect 45 to 120 days for typical condition.
Cash sale to a direct buyer. Common when the home has deferred maintenance, when out-of-state heirs do not want to manage repairs or showings, or when an upcoming special assessment makes carrying costs intolerable. A cash offer locks the price while probate proceeds, and closing happens promptly after the Order Authorizing Sale of Real Property issues. There are no repairs, no contractor coordination, and no inspection-period renegotiations.
Partition action when heirs disagree. If probate has distributed the property to multiple heirs as tenants in common and they cannot agree on what to do, Fla. Stat. Chapter 64 allows any co-owner to file a partition lawsuit. Florida's adoption of the Uniform Partition of Heirs Property Act in Part II of Chapter 64 lets non-selling heirs buy out a selling heir at appraised value before any forced sale. Partition resolves disputes but is slow and expensive — typically 9 to 18 months with legal fees consuming 5 to 15 percent of net proceeds.
Inherited a house in Miami-Dade?
BuyHousesInCash buys probate properties as-is, coordinates with your probate attorney, and closes after the court order issues. Request a no-obligation cash offer or see how Florida probate sales work.
How BuyHousesInCash works with Miami probate sellers
Probate adds two wrinkles a traditional cash sale does not have: court authority and beneficiary alignment. We handle both routinely. Once a personal representative or all heirs confirm they want to sell, we make a written offer based on the property's as-is condition and the comparable closed sales in the immediate Miami-Dade submarket. The offer is held while the probate attorney files the petition to authorize sale, and closing happens at a Miami title company as soon as the order is signed. No repairs, no inspections, no financing contingencies, no agent commissions.
Heirs commonly choose this route when the home needs significant work, when carrying costs are draining the estate, when a building special assessment is looming, or simply when no heir wants to manage a Miami property from out of state. We pay our own closing costs and the offer we send is the number that nets to the estate at closing.
Miami probate property: Frequently asked questions
How long does probate take in Miami, Florida?
Formal Administration in Miami-Dade typically runs 6 to 12 months from petition to discharge; contested estates can push past 18 months. Summary Administration (estates of $75,000 or less, or death more than two years prior) typically resolves in 60 to 90 days. Selling real property usually requires an Order Authorizing Sale of Real Property unless the will explicitly grants the personal representative the power of sale.
What is the difference between Formal and Summary Administration in Florida?
Formal Administration is the standard full probate process under Fla. Stat. Chapter 733, with a court-appointed personal representative and a three-month creditor-notice period. Summary Administration under Fla. Stat. § 735.201 is the streamlined option used when the non-exempt estate is $75,000 or less or when the decedent has been deceased for more than two years. Summary Administration is faster and cheaper but does not appoint a personal representative, which can complicate selling real property.
Can the personal representative sell the inherited Miami house?
Usually yes, but most sales require an Order Authorizing Sale of Real Property under Fla. Prob. R. 5.370 unless the will explicitly grants the personal representative the power of sale. The petition is filed with the Miami-Dade probate division and typically takes 2 to 4 weeks to be heard. Once granted, the personal representative may sign the deed at closing.
What is Florida homestead and does it affect selling an inherited home?
Homestead property under Article X § 4 of the Florida Constitution passes outside the regular probate estate to the surviving spouse and lineal descendants under specific rules and cannot be devised if there is a surviving spouse or minor child. The status affects how the personal representative may sell it. A Petition to Determine Homestead Status of Real Property is usually the first step before listing or accepting a cash offer.
What if some heirs want to sell the Miami house and others do not?
After probate distributes the property to heirs as tenants in common, any co-owner can file a partition action under Fla. Stat. Chapter 64. Florida's adoption of the Uniform Partition of Heirs Property Act in Part II of Chapter 64 lets non-selling heirs buy out the selling heir at appraised value before a forced sale. A pre-distribution cash sale agreed to by all heirs is usually faster and cheaper than a partition lawsuit.
Do out-of-state heirs need to travel to Miami to handle probate?
Almost never. Florida allows a non-resident personal representative if the person is a close relative of the decedent under Fla. Stat. § 733.304. Hearings are routinely handled by Zoom in Miami-Dade probate division, and closings can be signed remotely through a Florida-licensed mobile notary or by mailing notarized documents to the title company.
Are there inheritance or estate taxes on a Miami house?
Florida has no state estate tax and no state inheritance tax. The federal estate tax applies only to estates above the federal exemption, which is well into the millions of dollars in 2026, so the vast majority of Miami inherited homes pass with no estate-tax liability. Heirs typically receive a stepped-up basis equal to the fair market value on the date of death. Consult a CPA for the specifics on your estate.
Related guides and local pages
This article is for general informational purposes and does not constitute legal, tax, or financial advice. Probate procedure, homestead determinations, and tax treatment vary by case — consult a Florida-licensed probate attorney and a CPA before acting on any of the information above. Statute citations and timelines reflect Florida law as of May 2026.