Cross-Border Estate Administration Made Simple
When a family member dies owning property or assets in Florida, estate administration becomes a legal requirement that affects all surviving relatives. At Saltiel Law Group, we help Miami families and their international counterparts manage Florida probate proceedings and coordinate legal matters across borders. Our bilingual legal team guides families through the probate court requirements in Miami-Dade County, ensuring estates are settled efficiently and in compliance with both Florida law and international considerations.
Our probate practice serves families throughout South Florida, with particular experience representing clients from Latin America, Spain, and other international jurisdictions. We understand that estate matters rarely stay within state lines, especially for families with business interests, real estate, or relatives spanning multiple jurisdictions and countries.
Estate administration in Florida requires specific legal procedures, but international families face additional challenges. Property ownership structures, tax implications, and inheritance rights vary dramatically between countries. A Miami probate attorney with cross-border experience can prevent costly delays and ensure your family's assets are distributed according to your loved one's wishes.
At Saltiel Law Group, we coordinate with our international legal partners, including EJASO in Spain and our global network through WILL (World International Lawyers League), to address estate matters that involve multiple jurisdictions. This integrated approach prevents conflicts between different legal systems and protects your family's financial interests.
Our Miami probate lawyers handle estates of all sizes, from simple summary administrations to complex formal probate involving business ownership, international real estate, and trust arrangements. We also assist with ancillary probate for non-Florida residents who own property in Miami-Dade, Broward, or Palm Beach counties.
Formal probate administration applies to most Florida estates valued above $75,000 or when the decedent died more than two years ago. This process is court-supervised and follows specific timelines mandated by Florida Statutes Chapter 733.
The personal representative (also called an executor in other states) serves as the estate's legal representative and must fulfill specific obligations under Florida law:
Personal representatives can be held personally liable for mistakes or breaches of fiduciary duty. Our attorneys guide personal representatives through these responsibilities while protecting them from potential liability
Summary administration offers a streamlined alternative for qualifying estates, reducing both time and legal costs. This simplified process applies to estates valued at $75,000 or less (excluding exempt property) or to estates where the decedent died more than two years ago, regardless of estate value.
To proceed with summary administration, the estate must meet specific criteria:
We evaluate each estate's circumstances to determine whether summary administration is possible and beneficial for your family.
Summary administration typically concludes within 60 to 90 days, compared to 6 to 18 months for formal administration. Court involvement is minimal, and attorney fees are generally lower due to reduced procedural requirements. This process works well for straightforward estates without complex assets or beneficiary disputes.
When someone dies owning Florida real estate and is officially a resident in another state or country, ancillary probate may be required in addition to probate proceedings in their home jurisdiction. This commonly affects international families who own vacation homes, investment properties, or business interests in South Florida.
Ancillary probate is necessary when:
Real estate titled in joint names with rights of survivorship, property held in trust, or assets with valid beneficiary designations typically avoid probate requirements.
Ancillary probate must work in harmony with the primary probate administration in the decedent's home state or country. Our international legal network enables us to coordinate with attorneys worldwide, ensuring consistent asset distribution and preventing conflicts between different legal systems.
For families managing estates across multiple countries, we manage Florida proceedings while maintaining communication with foreign counsel to address tax implications, inheritance rights, and asset transfer requirements in each jurisdiction.
Miami serves as a financial gateway for Latin American families investing in United States real estate, businesses, and securities. When these families face estate administration challenges, they need legal counsel that understands both U.S. probate law and the succession laws of their home countries.
Estate planning and administration become significantly more involved when families have ties to countries with forced heirship laws, different marital property regimes, or distinct inheritance tax structures. Many Latin American legal systems require certain portions of estates to pass to specific family members regardless of the decedent's wishes expressed in a U.S. will.
Our attorneys work with legal counsel in Mexico, Colombia, Venezuela, Argentina, Ecuador, Peru, Bolivia, and Spain to structure estate plans that comply with multiple legal systems simultaneously. This coordination prevents family disputes and ensures estate administration proceeds smoothly across all relevant jurisdictions.
Families moving to Florida from Latin America often own substantial assets in their home countries while acquiring new property and business interests in the United States. Proper estate planning before establishing Florida residency can significantly reduce future tax obligations and administrative costs.
We assist families in structuring their affairs to optimize both U.S. and foreign tax consequences, establish appropriate trust arrangements, and ensure their estate plans remain valid and effective across multiple legal systems.
International property ownership in Florida presents unique estate-planning opportunities and challenges. Non-U.S. citizens face different estate tax thresholds, and their heirs may encounter difficulties accessing or selling inherited property without proper legal documentation.
Our team helps international families structure their Florida real estate ownership to minimize estate tax exposure, facilitate smooth property transfers to the next generation, and maintain privacy regarding property ownership and family wealth.
When estate administration involves assets in multiple countries, coordination between legal counsel becomes essential. Through our partnerships with EJASO (Spain and Portugal) and Hefesto Global (Mexico), and our membership in WILL (World International Lawyers League), we provide integrated legal services that address cross-border estate matters.
This network enables us to:
Not all estate administrations proceed smoothly. When disagreements arise over will validity, personal representative actions, or asset distribution, experienced litigation counsel becomes necessary to protect your family's interests.
Will contests typically arise when family members believe:
Florida law provides specific grounds for will contests and strict deadlines for filing challenges. We represent both parties seeking to contest wills and those defending against such challenges, depending on the circumstances and our client's position.
Personal representatives owe fiduciary duties to estate beneficiaries and can be held personally liable for breaching these obligations. Common breaches include:
Our litigation team pursues claims against personal representatives who breach their duties and defends them against any unfounded accusations.
Estate disputes often extend beyond probate proceedings to involve trust administration, business succession, or family partnership disagreements. International families face additional complexities when disputes involve assets or family members in multiple countries.
We represent families in all types of fiduciary litigation, including trust disputes, guardianship contests, and business succession conflicts. Our bilingual attorneys can communicate effectively with family members who prefer Spanish while coordinating with international counsel when disputes cross borders.
Estate planning and probate administration intersect with many other legal areas, particularly for business-owning families and those with international connections.
Family businesses require advanced estate planning to ensure smooth ownership transitions, minimize tax consequences, and prevent disputes among the next generation. Our corporate attorneys work alongside our estate planning team to develop integrated strategies that protect both family wealth and business operations.
Business succession planning often involves:
When adults become incapacitated and have not executed appropriate documents, family members may need to seek court-appointed guardianship. We assist families with:
Trusts provide flexibility, privacy, and tax advantages for families with substantial assets or complex family structures. We create and administer various trust types, including:
Understanding local court procedures and requirements helps families prepare for estate administration and set realistic expectations regarding timelines and costs.
Miami-Dade County probate matters are handled by the 11th Judicial Circuit Court, which has dedicated probate divisions in downtown Miami. Initial filings must include:
Court filing fees, publication costs, and personal representative bonds increase the total cost of estate administration. We provide detailed cost estimates based on each estate's specific circumstances.
Probate duration varies significantly based on estate complexity, family dynamics, and court scheduling:
Summary Administration: 60 to 90 days for uncomplicated cases.
Formal Administration: 6 to 18 months for most estates, longer for complex or contested matters.
Factors that extend probate duration include:
Florida probate costs include court fees, attorney fees, personal representative fees, and miscellaneous expenses. Attorney fees in Florida probate are often based on statutory fee schedules tied to estate value, though hourly billing may be more appropriate for complex estates or litigation matters.
Statutory fee guidelines suggest:
These percentages represent guidelines, not mandatory fees. Complex estates involving international assets, business valuations, or family disputes typically require additional legal work beyond standard administration tasks.
Summary administration typically takes 60-90 days for simple estates. Formal administration ranges from 6 to 18 months, depending on estate complexity, creditor claims, and family cooperation. International estates or those involving business interests may require additional time.
Assets titled in the decedent's individual name require probate administration. Property held jointly with rights of survivorship, assets in trust, retirement accounts with named beneficiaries, and life insurance proceeds payable to named beneficiaries typically avoid probate.
Several strategies can minimize or eliminate the need for probate, including revocable living trusts, joint ownership with rights of survivorship, beneficiary designations on financial accounts, and transfer-on-death deeds for real estate. However, these strategies require advance planning and may not be appropriate for all families.
Florida law permits individuals to handle probate proceedings without an attorney, but legal representation is advisable for most estates. Probate involves strict court deadlines, complex legal requirements, and potential personal liability for mistakes. International families face additional complications that require experienced legal counsel.
Estates valued at $75,000 or less (excluding homestead property and exempt personal property) may qualify for summary administration, which offers simplified court procedures and reduced costs. This threshold applies to probate assets only. Property passing outside probate is not counted toward the $75,000 limit.
Probate costs include court filing fees (approximately $400), attorney fees (often based on statutory guidelines tied to estate value), personal representative fees, and miscellaneous expenses such as property appraisals, publication costs, and tax preparation. Total costs typically range from 3% to 8% of the estate value.
Foreign wills may be admitted to probate in Florida if they comply with Florida execution requirements or the laws of the jurisdiction where executed. However, foreign wills often require additional documentation, translations, and authentication procedures. Ancillary probate may be necessary for Florida property owned by non-Florida residents.
When someone dies without a will (intestate), Florida law governs asset distribution under statutory formulas that depend on surviving family members. The surviving spouse receives a different share depending on whether children or parents survive. If no family members survive, assets pass to the state.
Probate disputes may be resolved through family conferences, mediation, or court litigation, depending on the issues involved and family dynamics. Early intervention often prevents costly litigation while preserving family relationships.
The personal representative manages estate assets, pays debts and taxes, files required court documents, provides accountings to beneficiaries, and distributes assets according to the will or Florida law. Personal representatives owe fiduciary duties to beneficiaries and can be held personally liable for breaches of these duties.
Saltiel Law Group offers a distinctive combination of local probate experience and international legal capabilities that sets us apart from other Miami estate planning firms. Our recognition in Chambers and Partners' "USA: Spotlight 2025" guide reflects our commitment to providing sophisticated legal counsel for complex family and business matters.
Through our partnerships with EJASO (Spain and Portugal) and Hefesto Global (Mexico), and our membership in WILL (World International Lawyers League), we coordinate estate matters across multiple jurisdictions while ensuring compliance with applicable legal requirements.
Our experience in mergers and acquisitions, capital markets, and international tax matters provides sophisticated business-planning perspectives to estate administration. This knowledge proves invaluable for families with business interests spanning multiple countries.
Rather than focusing solely on probate, our multidisciplinary practice addresses the full range of legal issues facing international families, including business succession planning, tax compliance, litigation, and corporate transactions.
Our firm is conveniently located in Coral Gables, making us well-poised to serve clients throughout South Florida, including Miami-Dade, Broward, and Palm Beach counties, and many others. We’re also proud to extend our services to international clients across Latin America and Spain.
