Does a revocable living trust help my Miami family avoid probate?

A properly funded revocable living trust lets Florida assets, including condos, pass to your beneficiaries without probate. The trust must be funded by retitling assets into it; otherwise those assets may still require a Miami-Dade County probate.

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Miami Estate Planning Attorney

Q: Where is probate handled for Miami residents?

Probate for Miami residents is filed in Miami-Dade County, part of Florida's Eleventh Judicial Circuit, at the courthouse in downtown Miami. Florida probate is handled largely through electronic filing, so a personal representative usually does not need to appear in person.

Q: Can I set up my Miami estate plan without going to an office?

Yes. Cornerstone Wealth & Legacy Law serves Miami clients by phone and video, preparing documents remotely and guiding you through signing under Florida's witnessing and notarization requirements. In-person appointments are available when preferred.

Q: My spouse is not a U.S. citizen. Does that change our Miami estate plan?

Yes. The unlimited marital deduction that lets one spouse pass assets estate-tax-free to the other generally does not apply when the surviving spouse is not a U.S. citizen. Families in this situation often use a Qualified Domestic Trust (QDOT) and coordinated planning, which is common in international Miami households and should be drafted carefully under federal and Florida law.

Wills, revocable living trusts, powers of attorney, and probate guidance for Miami and South Florida families — including international households — prepared under current Florida law and handled by phone, video, or appointment.

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Miami is one of the most international cities in the country, with families that often hold assets, citizenship, and relatives across multiple countries — alongside valuable condos and South Florida real estate. That mix makes thoughtful estate planning especially important: the right documents protect your family from probate, coordinate with foreign holdings, and account for federal rules that apply when a spouse is not a U.S. citizen. Cornerstone Wealth & Legacy Law helps Miami and Miami-Dade County residents build a plan that reflects their full picture.

Estate Planning for Miami Residents

A complete Florida estate plan usually rests on a few core documents: a will, often a revocable living trust, a durable power of attorney, a health care surrogate designation, and a living will. Together they decide who manages your affairs if you cannot, who inherits, and whether your family must go through probate. For Miami condo and homeowners, a funded revocable trust is often the most direct way to keep real estate and accounts out of the Miami-Dade County probate court.

Wills, revocable and irrevocable trusts tailored to your goals
Durable power of attorney and health care directives
Homestead planning to protect your primary residence
Elder law and Medicaid planning for long-term care

Planning for International Families in Miami

When a surviving spouse is not a U.S. citizen, the unlimited marital deduction that normally lets one spouse pass assets estate-tax-free to the other generally does not apply. Families in this situation often use a Qualified Domestic Trust (QDOT) so that assets can still be transferred with the marital deduction's benefits. International households may also need to coordinate a Florida plan with wills or forced-heirship rules in another country and address foreign real estate. These are sophisticated issues that should be drafted carefully under both federal and Florida law — and we work through them with Miami families remotely.

Probate in Miami-Dade County

When a Miami resident passes away with assets that do not transfer automatically, the estate is administered in Miami-Dade County, part of Florida's Eleventh Judicial Circuit, at the courthouse in downtown Miami. Because Florida probate is handled largely through electronic court filing, a personal representative usually does not need to travel to the courthouse — but the process still follows strict statutory deadlines, including the creditor notice period. We guide families through formal and summary administration and, where possible, help them avoid probate entirely with proper planning.

How We Work With Miami Clients

You do not need to fight Miami traffic to get your plan done. Cornerstone serves Miami clients primarily by phone and video: we talk through your situation, prepare your documents, and walk you through signing them correctly under Florida's witness and notary rules. In-person meetings are available by appointment when you would rather sit down face to face. Every plan is offered as a self-guided option or an Attorney-Guided plan personally reviewed by Arthur Simpson, Esq.

Start Your Miami Estate Plan Online — the Easy Way

You don't have to take weeks off or sit through multiple office visits to protect your family. Cornerstone's guided online process lets Miami residents put a Florida-valid will, revocable living trust, durable power of attorney, and health care directives in place from home, in three simple steps:

Answer a few questions. Tell us about your family and assets in our secure online intake — most people finish in about 20 minutes.
We prepare your documents. Your plan is drafted under current Florida law, with an Attorney-Guided option personally reviewed by Arthur Simpson, Esq.
Sign correctly. We walk you through Florida's witness and notary requirements — by video or in person — so your documents are valid.

Not sure where to start? Take the free 2-minute Estate Plan Score quiz to see what your Miami family needs, or book a free 20-minute call.

Miami Estate Planning FAQs

Where is probate handled for Miami residents?

Probate is filed in Miami-Dade County, part of Florida's Eleventh Judicial Circuit, at the courthouse in downtown Miami. Most probate is handled through electronic filing, so personal representatives rarely need to appear in person.

Can I set up my Miami estate plan without going to an office?

Yes. We serve Miami clients by phone and video, prepare documents remotely, and guide you through signing under Florida's witnessing and notarization requirements. In-person appointments are available when preferred.

My spouse is not a U.S. citizen. Does that change our plan?

Yes. The unlimited marital deduction generally does not apply when the surviving spouse is not a U.S. citizen. Families in this situation often use a Qualified Domestic Trust (QDOT) and coordinated planning, which is common in international Miami households and should be drafted carefully under federal and Florida law.

Does a revocable living trust help my family avoid probate?

A properly funded revocable living trust lets your Florida assets, including condos, pass to your beneficiaries without probate. The key is funding — retitling assets into the trust — otherwise those assets may still require a Miami-Dade County probate.

Plan ahead for your family in Miami

Start with a free 20-minute conversation. We'll help you understand what — if anything — needs your attention, with no pressure and no obligation.

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Cornerstone Wealth & Legacy Law, PLLC is licensed in the State of Florida and serves clients throughout the state. This page is attorney advertising and general information, not legal advice, and does not create an attorney-client relationship. Estate planning outcomes depend on your individual facts and the proper execution of documents under Florida and applicable federal law.