Skip to main content

Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.

← All cities
FL · Miami-Dade County · Family estate-planning guide

Estate planning in Miami, FL

Florida residency for tax purposes + homestead protection + international family ties = uniquely complex Miami estates.

Why this matters in Miami

The local angle

Miami's mix of US residents, dual citizens, and international family ties creates exceptional estate-planning complexity. Florida's homestead protection rules can override the will. The lack of state estate/inheritance tax attracts many high-net-worth families to establish Florida residency.

Local nuance

Florida residency for tax purposes requires intent + physical presence + driver's license + homestead exemption claim + voter registration. The 183-day rule is a starting point, but not sufficient on its own — the IRS and other states look at the totality.

Top concerns for Miami families

  • Florida homestead protection + descent
  • Multi-state and international families
  • Florida residency proof requirements
  • Snowbird tax-residency planning

Florida state law

At a glance

Miami estate work is governed by Florida state law. Here's what every family should know.

Probate timeline
6–12 months typical

3% of estate first $1M, sliding scale thereafter (statutory)

Small estate
Under $75,000 OR 2+ years after death

Summary administration (Fla. Stat. §735)

Estate / inheritance tax
No estate tax

No inheritance tax

Spousal rights

Elective share: 30% of elective estate (Fla. Stat. §732.201)

Common pitfalls

  • Florida homestead protections are strong but limit who can inherit
  • If decedent has minor children, homestead cannot be devised away from them
  • Snowbirds: domicile vs residence question can trigger another state's tax

Founding Member

Get the Miami family playbook.

7-day welcome sequence covers the 3 documents, the parent conversation, sibling conflict, the inherited house decision tree, and the digital legacy plan. Free.

Free resource

Start with the checklist

Download the free Family Estate Readiness Checklist — 47 things to do, say, find, and decide.

No spam. One email with the checklist, then occasional updates.