Free Tools and Information
for Miami-Dade County, FL Consumers

Florida Inheritance Law & Probate Procedure

• Florida PROBATE COURT FINDER:
  
  • Probate Court for Miami-Dade County: Key information about your local probate court (Superior Court in Florida) for Miami-Dade County.
• How Probate Works in Florida: How to handle the probate of an inheritance at Miami-Dade County's probate court.
  • Here are links to:
    • Florida Probate Forms and the
    • Florida State Probate Court Website.
• Small Estates Procedures in Florida: Learn how to use Florida's Small Estate procedures that can save you time and money.

  • In California, there is an Affidavit procedure available as long as the personal property does not exceed $184,000. There's a 40-day waiting period. Cal. Prob. Code 13050.

    There's also an Affidavit procedure that you can use if you have real property worth less than $50,000 (of which there is not much in the Golden State); there's a six month waiting period for this. Cal. Prob. Code 13200 and following.

     You can also use an Affidavit to collect up to $15,000 of salary and other compensation (including unused vacation time) owed to the deceased spouse. Cal. Prob. Code 13600.

    There's also a summary probate procedure that's available for estates worth less than $150,000. This dollar value doesn't count real property outside of California, property that passes by joint tenancy, property left outright to a surviving spouse, life insurance or other assets that pass by beneficiary designation, and property held in living trusts. Cal. Prob. Code 13150 and following.

• Florida Estate Taxes:

  • Florida, like most states, does not impose an estate or inheritance tax. Only a few states do.

• Avoiding Probate in Florida. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
  • Transfer on Death Deeds (TODDs)

  • California has allowed TODDs since 2016. However, it recently revised its law in 2022 and now requires a few more formalities when creating one, and for the beneficiary when claiming the property after the original dies. But it still avoids probate.

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Bankruptcy & Debt

• MEANS TEST CALCULATOR
  • for Miami-Dade County, Florida (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for May 15, 2024)
• Florida BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under Florida law and Federal law, for use in filing out Schedule C, when you file for bankruptcy. 
  • Federal Exemptions available in Florida?:  

    • No. Federal exemptions not available. Instead, California has two systems of exemptions, one of which ("C2") closely mirrors the federal scheme. Cal. Civ. Proc. Code § 703.130 

  • Florida Homestead Exemption

    • $339,196 to $678,391 depending on the county, and the median sale price for a home in prior calendar year.

      2023 California Homestead Calculator (by County)

  • Florida Vehicle Exemption

    • Motor vehicles to $7,500, or $7,500 in auto insurance for loss or damages for 90 days (husband and wife may not double)

• Florida BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.

  California is divided into 4 federal districts with main cities in

  • San Francisco (Northern District)
  • Sacramento (Eastern Distrcit)
  • Los Angeles (Central District)
  • San Diego (Southern District)
• FREE BANKRUPTCY FORMS:
  We'll tell you which bankruptcy forms you need and where to find them.

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Democracy In Florida, Miami-Dade County, Hialeah 

• Elected Representatives: Find out the websites and phone numbers of those representing you at the Federal, State, County, and City levels of government.
• How to Vote: Learn how to register and where and when to vote in Miami-Dade County, FL.
  • Key Links:
    • Check Your Florida Voter Registration Status: https://voterstatus.sos.ca.gov/
• Gerrymandering in Florida: Has your state been gerrymandered? Find out how to end gerrymandering and have voters pick politicians, not vice versa.
• Tracking Issues: Organizations that track legislation you care about 

 

Florida Unemployment Benefits

• Benefit Amounts in Florida: Learn how unemployment works, how much you'll get, and for how long.
  • Minimum: 
    • $40 per week
  • Maximum: 
    • $450 per week
  • Duration: 

    • In Florida, you can receive unemployment benefits for a maximum of 26 weeks under state law. 

• Eligibility: >Whether you qualify for unemployment.
• How to Apply: How to apply for unemployment in Florida.
  • California Employment Development Department 
    • 800-300-5616
• Unemployment Office Near Me? How to find your local unemployment office.
• COVID-19 Benefits: We tracked the rise and fall of COVID-19 unemployment benefit payments.

• Florida Wage & Hour Law

  • Florida Minimum Wage:  

    • The minimum wage in California is $16 an hour. Because this is higher than the federal minimum wage of $7.25, employees in The Golden State must be paid at least $16 an hour. 

      As of April 1, 2024, fast food workers minimum wage is $20 per hour. 

      Quite a few local governments in California have passed ordinances establishing a higher minimum wage. If you work in one of these cities or counties, you are entitled to earn the higher local minimum wage amount.

      Miami-Dade County Minimum Wage

      The minimum wage in Miami-Dade County is $16 an hour, the state minimum wage. Florida law prohibits city and county governments from adopting a local minimum wage that's higher than the state minimum wage. 

      Hialeah Minimum Wage

      The minimum wage in Hialeah, Florida, is $16 per hour, the state minimum wage. Florida law prohibits city and county governments from adopting a local minimum wage that's higher than the state minimum wage. 

  • Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in Florida and whether they apply to you.
  • Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in Florida. 
  • Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in Florida.

    • The tipped minimum wage in California is the same as the regular minimum wage: $16 an hour. Tips don't count against the employer's obligation to pay the minimum wage.

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Find a Lawyer in Miami-Dade County, FL

• Our Lawyers by Zipcode section allows users to find a local lawyer using the best online resources, including on topics we don't cover.
• DUI, Criminal Defense
• Auto Accidents & Personal Injury
• Immigration
• Legal Aid
  • LawHelpCA 

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