Probate Attorney in Miami, Florida
Following the death of a loved one, the deceased's estate will typically need to go through probate. However, probate can often be an overwhelming and emotionally taxing process. Florida’s probate laws can be complicated to navigate on your own, and without an experienced attorney, you may face unnecessary delays, disputes, or missed steps.
At Denise Jomarron Legal Group, we understand how challenging this time can be for you and your family, and we are here to provide compassionate and knowledgeable guidance. Our attorney offers tailored, hands-on support and assistance to executors, personal representatives, beneficiaries, and anyone else involved in the probate process.
We strive to seamlessly handle all aspects of probate and estate administration while protecting your loved one's legacy. Located in Miami, Florida, we serve clients throughout Miami-Dade County. Contact us today to schedule a free 20-minute consultation.
What Is Probate?
Probate is the legal process of distributing a deceased person’s assets to their beneficiaries and paying outstanding debts and taxes. In Florida, this process applies when individuals pass away with or without a will. Probate enables the decedent’s estate to be administered properly under the supervision of the court.
There are two main types of probate administration in Florida, formal probate administration and summary administration, as well as a non-court process known as Disposition of Personal Property Without Administration, which applies in particular circumstances. Our attorney can assess your situation to determine the appropriate type of proceeding for your loved one’s estate.
Summary Administration
Summary administration is a simplified probate process available in Florida for estates valued at $75,000 or less, or when the decedent has been deceased for more than two years. This type of proceeding is generally faster than formal administration; however, it is subject to strict eligibility requirements.
Formal Administration
Formal administration is the most common type of probate in Florida and applies to estates valued over $75,000 that involve real property or other assets requiring court supervision. This process requires the appointment of a personal representative to manage the administration of the estate, including gathering assets, notifying creditors, and filing necessary documents in probate court.
Ancillary Probate Administration
Ancillary probate administration is necessary when the deceased person owned property in a state other than their primary residence. This process involves opening a secondary probate case in the state where the additional property is located and appointing an ancillary personal representative to handle the assets.
At Denise Jomarron Legal Group, our attorney is well-versed in summary, formal, and ancillary probate administration proceedings. We strive to guide you through every stage of the process to help you make accurate and informed decisions.
Need Help with Probate?
The Florida Probate Process
The probate process involves settling the deceased person's estate, which includes distributing their assets and paying any debts or taxes owed. The goal of probate is to carry out the deceased person's wishes and distribute their assets properly. An experienced attorney can help you through the steps of the probate process to achieve these goals.
File the petition for administration: The first step is to file a petition for administration with the court. This document officially starts the probate process and appoints a personal representative to manage the estate.
Notify beneficiaries and creditors: Once the petition is filed, all beneficiaries named in the will must be notified of the probate proceedings. Creditors must also be notified so they have an opportunity to make any claims against the estate.
Gather and inventory assets: The personal representative will compile an inventory of all assets owned by the deceased person at the time of their death. This includes property, bank accounts, investments, and personal belongings.
Pay debts and taxes: Before any assets can be distributed to beneficiaries, all debts and taxes must be paid. This includes outstanding loans, credit card debt, and any taxes owed to the state or federal government.
Distribute assets according to the will: Once all debts and taxes have been paid, the remaining assets can be distributed to the beneficiaries named in the will. This distribution is typically outlined in the will itself, but if any disputes or complications arise, it may need to be approved by a court.
Finalize probate proceedings: After all assets have been distributed and any final expenses have been settled, the personal representative must file a final report with the court. This report details the distribution of all assets and provides a final accounting of any fees or expenses incurred during the probate process.
Close the estate: Once the court approves this report, the personal representative's duties will be considered complete, and probate will officially come to an end.
How Our Firm Can Help
At Denise Jomarron Legal Group, we provide comprehensive legal services to meet the unique needs of every client facing probate issues. We follow a detail-oriented and personalized approach to handle all aspects of the probate process with care. Some of the services we routinely provide include:
Guidance for personal representatives: If you have been appointed as the personal representative of an estate, Florida law requires you to fulfill several obligations. We help personal representatives fulfill their duties, such as locating and securing assets, notifying and paying creditors, filing tax returns, and distributing assets to beneficiaries.
Resolving probate disputes: Unfortunately, conflicts can arise during probate proceedings, often related to contested wills, administration disagreements, or unclear terms in estate documents. Our team is experienced in handling probate litigation, working diligently to resolve disputes efficiently and amicably.
Assisting beneficiaries: For beneficiaries navigating the probate process, we can help you pursue the assets and inheritance to which you are entitled. Our probate attorney will review wills, trusts, and other relevant documents to confirm your rights and work to resolve any challenges or ambiguities affecting your inheritance.
Estate planning recommendations: Probate can often reveal the importance of proper estate planning. To help families avoid common probate-related challenges, we offer estate planning services, such as drafting wills, creating trusts, and developing comprehensive plans that align with Florida law.
We have extensive experience working with families throughout Miami-Dade County. We understand the nuances of Florida probate law and Miami's local court systems, which enables us to anticipate challenges and offer proactive solutions. We prioritize minimizing stress for our clients and resolving cases as efficiently as possible.
Probate FAQ
How long does probate take?
The duration of probate varies depending on the complexity of the estate, the type of administration, and whether disputes arise. Summary administration may take just a few months, while formal administration can last six months to a year or more. Working with an experienced attorney can help streamline the process and address delays effectively.
Do all estates require probate?
Not all estates require probate. Certain assets, such as those held in living trusts, jointly owned properties with rights of survivorship, and accounts with designated beneficiaries, typically bypass probate. A probate attorney can evaluate your specific situation to determine whether probate is necessary.
What happens if someone dies without a will in Florida?
If a person dies without a will or “intestate,” Florida probate laws dictate how their assets are distributed. Generally, surviving spouses and children have priority under Florida’s intestacy laws, but the specifics depend on the decedent’s family structure.
Probate Attorney in Miami, Florida
When grieving a loved one, the last thing you should have to deal with is the burden of a complicated legal process. At Denise Jomarron Legal Group, our Miami-Dade County probate attorneys are here to handle these matters with professionalism, empathy, and efficiency.
Contact us today for a free, confidential consultation and start your probate proceedings with trusted legal guidance. Our Miami office proudly serves clients throughout Miami-Dade County, working to simplify the probate process and ensure your loved one’s wishes are honored. Reach out now to secure your family’s future.