Through Miami-Dade probate: a summary order or a personal representative gives authority to sell, and summary administration now reaches $150,000.
The Miami-Dade Clerk's small estates petition is only for $6,000 or less where "no real property is involved," so it never moves a house. The Clerk also wants the will deposited within 10 days of learning of the death, and the $150,000 limit comes from Fla. Stat. § 735.201(2).
This is general information, not legal advice. State rules vary.
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To sell an inherited house in Miami, someone needs legal authority from a Miami-Dade probate case. The first steps happen at the Clerk's office, and two of them catch families off guard. The Miami-Dade Clerk's probate page says the custodian of a will must deposit it with the Clerk within 10 days after being told of the death. The same page offers a small estates petition, but only for assets of $6,000 or less where "no real property is involved." That petition can never transfer a house.
The route that often fits a modest estate is summary administration. Since the 2026 change to Fla. Stat. § 735.201(2), it covers estates of $150,000 or less after exempt property (s. 7, ch. 2026-57). This guide follows an heir from the death to a signed sale. There's no rush to decide whether to keep or sell, and our page on selling a Miami house for cash covers the sale side.
Which court handles probate for a Miami house?
If the owner lived in Miami-Dade County, the estate is opened in Miami-Dade, in the probate court of the Eleventh Judicial Circuit. Florida law sets probate venue in the county where the owner was domiciled.
The city line does not change the court. A bungalow in Little Havana and a ranch house in unincorporated Miami-Dade with a Miami mailing address both go to the same Miami-Dade probate court. What changes at the city line is code enforcement, which matters later if the house carries an open violation.
The rule also cuts the other way. If a parent lived in Broward but owned a rental in Allapattah, the case would usually open in Broward. Only an owner with no Florida domicile at all lets the case open where the house sits.
The 10-day will deposit
Florida gives the person holding the original will 10 days to file it with the Clerk. Fla. Stat. § 732.901(1) says the custodian "must deposit the will with the clerk of the court having venue" within 10 days after learning of the death. A custodian who fails without good reason can be ordered to pay costs and attorney's fees (§ 732.901(2)).
Why can't the Clerk's small estates petition transfer a house?
The Miami-Dade Clerk's small estates petition is limited to personal property worth $6,000 or less, so a house always needs another route. The Clerk describes it as "Disposition of Personal Property without Administration."
"These cases are filed when a formal administration is not necessary and no real property is involved."
Miami-Dade Clerk, Probate Court page of the Clerk of the Court and Comptroller
The Clerk adds that the assets cannot exceed the funeral bill, and that the owner must have lived in Miami-Dade. The money goes only to whoever paid the funeral. The statute behind it, Fla. Stat. § 735.301, speaks only of personal property. Families sometimes start here for a parent's bank account and then learn the house needs a separate case.
Summary or formal administration in Miami-Dade
Summary administration fits when the Florida estate, less property exempt from creditors, is $150,000 or less, or the owner died more than 2 years ago (§ 735.201(2)). Larger estates, and wills that direct formal administration, go through formal administration with a personal representative.
The new figure changes the math for many Miami families. The statute subtracts property exempt from creditors before applying the limit. The Florida Constitution (Art. X, § 4) makes a homestead exempt from forced sale and passes that protection to the surviving spouse or heirs. A Florida probate attorney can confirm which assets count for a given estate.
| Miami-Dade | Summary administration | Formal administration |
|---|---|---|
| Threshold | $150,000 or less after exempt property, or death more than 2 years ago (§ 735.201) | No ceiling; used when summary does not fit or the will requires it |
| Who asks the court | A beneficiary or the person the will names; the spouse and beneficiaries sign, with exceptions (§ 735.203) | A petitioner asking to be appointed personal representative |
| Who signs the deed | The heirs the court's order gives the house to (§ 735.206) | The personal representative under letters of administration (§ 733.613) |
| Typical steps | Petition, creditor search and service, then an order that can allow immediate distribution | Petition, letters, notice to creditors, claims period, sale, distribution |
| Clerk filing fee | $236 under $1,000; $346 for $1,000 or more | $401 |
Fees come from the Miami-Dade Clerk's probate page, read November 13, 2026. This guide gives no timeline for either path, because no source read for it states one for Miami-Dade.
Who can sign a contract for a Miami-Dade estate?
In formal administration the personal representative signs, and in summary administration the heirs named in the court's order sign. The will decides whether a judge must approve a personal representative's sale.
- Will with a power of sale: under § 733.613(2) the personal representative may sell real property "without authorization or confirmation of court."
- No will, or a will without that power: a sale can still happen, yet under § 733.613(1) "no title shall pass until the court authorizes or confirms the sale."
- Summary order: under § 735.206(4)(c), a good-faith buyer from the heirs named in the order takes the house free of the owner's creditors' claims.
Closing cannot happen until someone has authority to sign. The estate's attorney can say whether signing a contract earlier is safe.
Protected homestead and the family house
If the house was the owner's homestead, it may pass outside the personal representative's control. Fla. Stat. § 733.608(1) lists every Florida asset of the owner "except the protected homestead" as assets in the representative's hands.
The Constitution also limits who can receive it. A homestead "shall not be subject to devise if the owner is survived by spouse or minor child," except to the spouse when there is no minor child (Art. X, § 4(c)). Fla. Stat. § 732.4015 repeats the rule. When it cannot pass by will, it descends like intestate property.
Spouse and children
Under § 732.401(1), when there is a spouse and descendants, the spouse takes a life estate and the descendants take the rest. The spouse may instead elect a one-half share as a tenant in common, within 6 months after the death, and the choice cannot be undone (§ 732.401(2)). A sale then usually needs every owner's signature.
An empty house waiting on a ruling
While the court makes "a determination of its homestead status," a personal representative may take possession of an empty house to preserve and insure it (§ 733.608(2)). Money spent that way can become a lien on the house (§ 733.608(3)). A vacant Model City or Little Haiti house still needs insurance, power, and upkeep while that question is open.
How long do creditors have to file in a Miami-Dade estate?
Creditors in a formal Miami-Dade estate generally get 3 months from the first publication of the notice to creditors. Under Fla. Stat. § 733.702(1), any creditor the representative must serve gets 30 days from service when that date falls later.
The notice runs once a week for 2 consecutive weeks in a newspaper published in the county. If the owner was 55 or older, the representative must also serve the state's health care agency within 3 months of that first publication (§ 733.2121(3)(d)).
A mortgage is a different matter. The deadline does not stop "a proceeding to enforce any mortgage, security interest, or other lien" (§ 733.702(4)(a)). In summary administration, the petitioner searches for known creditors and serves them before the order (§ 735.206(2)).
What happens to the Save Our Homes cap after a death?
The cap usually ends when the house changes hands, and Fla. Stat. § 193.155(3)(a) reassesses it at just value on January 1 of the following year. A parent's capped value generally does not pass to adult children.
The Miami-Dade Property Appraiser says the cap limits yearly increases "to 3%, or the Consumer Price Index (CPI), whichever is lower," and was 2.9% for 2025. It lists only three transfers that keep the limit.
- between spouses, including a divorce
- to legal or natural dependents of the prior owner
- to correct an error in title
A Little Havana house held since the 1990s may carry a capped value far below market. The heir who keeps it, or the buyer who purchases it, may see a much larger bill once the reset applies. This guide does not predict any bill; the Property Appraiser can explain a given folio.
Selling the house as-is, belongings and all
An inherited Miami house can be sold with furniture, papers, and decades of belongings still inside. Some heirs live elsewhere, and clearing out a parent's Allapattah house can take many trips.
A listed sale usually means cleaning, repairs, and showings. Redfin reports a median of 113 days on market in Miami for the three months ending September 2026, up from 106 a year earlier. Its median sale price for the same period was $649,691, up 4.8%. Separately, Zillow's home value index (ZHVI) for Miami was about $583,705 on September 30, 2026, up about 1.4%.
Before any sale, the heirs may want to check two things. If the house is inside City of Miami limits, an open code case can follow it; our guide to selling a Miami house with a city code lien covers that. If a tenant lives there, see selling a rental house in Miami with tenants.
| Step from death to signed sale | What happens | Rule |
|---|---|---|
| 1. Within 10 days of learning of the death | The custodian deposits the original will with the Miami-Dade Clerk | § 732.901(1) |
| 2. Pick the path | Summary if $150,000 or less after exempt property, or death over 2 years ago; otherwise formal. Small estates never covers a house. | § 735.201; Clerk's probate page |
| 3. Within 6 months of the death | A surviving spouse may elect a one-half share of the homestead | § 732.401(2) |
| 4. Creditors | Formal: 3 months after first publication. Summary: search and serve before the order. | § 733.702; § 735.206(2) |
| 5. Authority to sign | A summary order, or a personal representative with a power of sale or court approval | § 735.206; § 733.613 |
| 6. January 1 after a change of ownership | The homestead assessment resets to just value | § 193.155(3)(a) |
How can Propcash help with an inherited Miami house?
Propcash is a direct cash homebuyer that buys inherited Miami houses in the condition the family finds them. Take what you want, leave the rest. No repairs, no cleaning, no cleanout. We base our offer on local market data and show you how we got to our number.
There's no rush to decide. Sellers pay no agent commissions or fees, and you pick the closing date once the estate can sign. Our offer doesn't expire, so the family and its probate attorney can weigh it against keeping or listing the house. If a cash sale isn't your best move, we'll tell you and point you to a local agent who fits. You can request a no-obligation cash offer or read how we help with inherited houses.
Frequently Asked Questions
Can the Miami-Dade Clerk's small estates petition pass a house to the heirs?
No. The Clerk's probate page says a small estates petition is filed when no real property is involved, and the assets must be $6,000 or less. An estate that includes a house needs summary administration, formal administration, or another route a Florida probate attorney can explain.
What does it cost to open a probate case with the Miami-Dade Clerk?
The Clerk's probate fee list shows $236 for summary administration of an estate under $1,000, $346 for one of $1,000 or more, and $401 for formal administration. Attorney fees, newspaper publication, and certified copies are separate costs.
Does it matter if the house is in Little Havana or unincorporated Miami-Dade?
Not for probate. Florida opens the case in the county where the owner was domiciled, so a Miami-Dade resident's estate goes to the same Miami-Dade probate division whether the house sits in Little Havana or outside the city limits. City rules such as code liens still differ, since the City of Miami and unincorporated Miami-Dade have separate code offices.
Can a surviving spouse keep the Save Our Homes cap on a Miami house?
Usually yes. Fla. Stat. 193.155(3)(a) does not count a transfer to a surviving spouse, or a transfer by operation of law to the spouse or minor children under 732.401, as a change of ownership. The Miami-Dade Property Appraiser also lists transfers to legal or natural dependents of the prior owner as cases where the limit can carry over.
Does a mortgage on an inherited Miami house wait for the creditor period?
No. Fla. Stat. 733.702(4) says the claims deadline does not affect a proceeding to enforce a mortgage or other lien on the owner's property. The lender's lien stays on the house until the loan is paid, which usually happens at closing from the sale money.
Can Propcash buy an inherited Miami house with furniture and belongings inside?
Yes. Propcash buys inherited houses as-is, furniture included, so heirs can keep the keepsakes and leave everything else behind. Sellers pay no fees or commissions. The closing date can wait until the summary order or the personal representative's authority is in place.
Reviewed by the Propcash Editorial Team under our editorial standards. Published by Propcash, a direct cash buyer of houses. This guide is general information. Laws, fees, and market figures change, so check the current rules for your state.
