John was a lifelong Miami resident who passed away suddenly without a will. His concerned family members wanted to settle his estate promptly, in order to distribute assets and close accounts. However, without legal guidance, they quickly became overwhelmed by the complicated probate process.
John owned a home, had financial investments, and bank accounts—but his loved ones had no idea how to navigate the court system or what paperwork needed to be filed. Confusion reigned as family disagreements also emerged over who should receive John's personal possessions. As months passed, his real estate assets could not be transferred and accounts remained in probate limbo.
John's family later realized that trying to handle his estate without legal guidance was a mistake. As issues mounted, they began to wonder—“Do I need a probate attorney in Florida?” This unfortunate but common experience illustrates how complicated the probate system can become without legal help from the start.
What Is Probate?
Probate is the legal process through which a court validates a will and oversees the distribution of assets after someone passes away. It allows an estate to transfer ownership of property to heirs in an orderly manner, according to the decedent's wishes as outlined in their will, or according to state laws of intestacy if there is no will.
The probate process involves filing documents with the court to open an estate administration and appoint a personal representative. This person is tasked with notifying creditors, collecting and inventorying all assets, paying debts and taxes, and distributing any remaining property to the intended beneficiaries. Accounting records must also be filed with the court.
Eventually the estate is closed once all distribution is complete and documents are finalized. While probate aims to efficiently settle someone's estate, the process can become lengthy and complex to navigate without legal guidance. This is where hiring a skilled Miami probate lawyer can help ensure everything is handled properly under Florida law.
The 3 Types of Probate in Florida
There are three types of probate in The Sunshine State. The first is formal administration, which is the most complex of the three, and applies to most estates. With formal administration, the personal representative must start by filing a petition to initiate probate. From there, they are responsible for gathering all assets, notifying creditors, paying any debts, distributing property, and ultimately closing out the estate. Given the intricacies involved, formal administration often requires hiring a Miami probate attorney in order to navigate the process efficiently and successfully.
The second type is summary administration, which is less common, and applies when total non-exempt assets are under $75,000. With summary administration, there is no personal representative appointed, and many typical probate steps can be avoided, making it a more streamlined approach.
The final option is ancillary probate administration, used solely for estates where the decedent resided in another state but owned Florida property. In this case, standard probate is carried out in the home state first before ancillary administration addresses only the in-state assets in a supplementary capacity.
What Happens if a Person Dies Without a Will in Florida?
ln Florida, there are laws of intestacy that determine how assets will be distributed if someone passes away intestate, meaning without a Will. However, navigating these laws alone can be challenging.
If a person dies without a will in Florida:
The court will appoint a personal representative to handle the estate.
State intestacy laws will determine who may inherit assets, but this may not reflect the decedent’s true wishes.
The probate process may take longer to complete the heir determination and distribute assets accordingly.
By working with an experienced Miami probate lawyer, the laws of intestacy can be properly applied to the estate. An attorney can also help identify any potential issues and distribute property in accordance with what the law provides. Their guidance ensures legal requirements are followed seamlessly.
What Can a Miami Probate Lawyer Do for Me?
A probate attorney can take many tasks off your plate and help simplify the probate process. Some of the key services a probate lawyer provides include:
Filing all necessary petitions, accountings and documents with the court on your behalf. This ensures everything is drafted correctly and deadlines are met according to the probate process in Florida.
Serving as your legal representative in court if any issues arise. They can address any disputes or challenges that come up.
Explaining complex legal terms and requirements in simple language you understand. Navigating the jargon of estate law can be difficult alone.
Valuing assets properly and distributing them according to the final wishes denoted in the will.
Dealing with appraisers, financial institutions, realtors and other professionals on your behalf.
Settling debts and addressing any creditor claims against the estate.
Keeping you updated every step of the way so you always know the status.
By handling the legal requirements of the probate process in Florida, a Miami probate lawyer can help you transfer ownership promptly and settle an estate with less hassle.
Do I Need a Probate Attorney in Florida if the Decedent Leaves a Will?
Many assume that having a will is sufficient to navigate the probate process. However, even when a will is present, probate involves a complex set of legal requirements and tasks dictated by the probate process in Florida. Although a will simplifies the process by outlining heirs and property distribution, an experienced Miami probate lawyer is still invaluable. They ensure all legal obligations are fulfilled correctly. Without legal representation, errors could disrupt the flow of the estate.
Denise Jomarron Legal Group: Your Miami Probate Lawyers
Have you been searching online for "do I need a probate attorney in Florida?" For probate assistance you can trust, contact the Denise Jomarron Legal Group.
Our probate attorney has years of experience successfully handling a wide variety of probate cases. Whether you need help with estate administration after the loss of a family member or have questions about inheritance or probate court, our team is ready to provide personalized guidance. Through compassionate representation and attention to each client's individual needs, we can ease the stress of settling an estate. Call us or complete our online form to schedule a consultation.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Denise Jomarron Legal Group
4300 Biscayne Blvd Ste 305
Miami, FL 33137-3255
https://djlegalgroup.com