SMA – Probate Lawyers Miami Florida

5 Things You Need to Know About Probate in Florida

Going through an overwhelming probate process can be quite a challenge. If you find yourself dealing with probate in Florida, it becomes crucial to gain a clear understanding of the process and the legal requirements that come with it. During this challenging time, a probate attorney in Miami can be your guiding light, helping you make well-informed decisions regarding your loved one’s estate. In this post we will delve into the top five things you need to know about probate in Florida. This includes the various types of probate, the vital role played by a personal representative, and the significance of having a knowledgeable Florida probate attorney by your side. Always find the best Miami probate attorney for you.

Stokes McMillan Antúnez Martinez-Lejarza P.A. is a full-service Florida trusts and estates law firm providing services including, but not limited to, probate, estate planning, trust & estate administration, and trust and estate litigation. If you have any questions or wish to hire our firm, please contact us. 

1. Different Types of Probate in Florida

In Florida, three main types of probate exist: formal administration, summary administration, and disposition without administration. Each type serves a specific purpose and operates under distinct rules and procedures.

Formal Administration

Formal administration stands as the most common type of probate in Florida. It involves the appointment of a personal representative who will manage the decedent’s estate, handle debt and tax payments, and distribute the remaining assets to the beneficiaries. Typically, this process takes several months to complete and necessitates the guidance of a skilled Florida probate attorney.

Summary Administration

Summary administration presents a simplified probate process available for smaller estates or cases where the decedent has been deceased for over two years. To qualify for summary administration, the estate’s value must not exceed $75,000 (excluding exempt property) or the decedent must have passed away at least two years prior. This expedited process can be completed within a few weeks, but it still requires the legal assistance of a knowledgeable Florida probate lawyer.

Disposition Without Administration

In rare cases, an estate may qualify for disposition without administration. This non-probate process applies when the decedent’s estate solely consists of exempt property and non-exempt personal property with a value that does not exceed the total of preferred funeral expenses and reasonable medical and hospital bills incurred during the last 60 days of the decedent’s final illness. If approved, the estate’s assets are directly distributed to the beneficiaries without the need for court supervision.

2. The Role of a Personal Representative

A personal representative, also known as an executor or administrator, assumes the responsibility of settling the decedent’s estate. Their duties encompass:

  • Gathering and cataloging the decedent’s assets.
  • Settling the decedent’s debts, taxes, and expenses.
  • Distributing the remaining assets to the beneficiaries in accordance with the decedent’s will or Florida’s intestate succession laws.
  • Providing notice to creditors and interested parties.
  • Preparing and filing requisite court documents and tax returns.

To ensure a smooth probate process, it is crucial to engage the services of a competent probate attorney in Miami to assist the personal representative.

3. Probate Timeline and Deadlines

The probate process in Florida entails several important deadlines and time-sensitive tasks. Notable milestones include:

  • Filing the will with the appropriate circuit court within 10 days of the decedent’s passing.
  • Granting the personal representative Letters of Administration.
  • Publishing a Notice to Creditors to notify potential claimants of the probate proceedings.
  • Submitting an inventory of the decedent’s assets within 60 days of receiving Letters of Administration.
  • Fulfilling valid creditor claims and settling other estate expenses.
  • Filing the final accounting and petition for discharge, typically within 12 months from the issuance of Letters of Administration.

By enlisting the assistance of a Florida probate attorney, you can ensure that all deadlines are met and the probate process proceeds smoothly.

4. Common Probate Disputes and the Role of a Florida Probate Attorney

Probate disputes can arise due to various reasons, such as disagreements over the validity of a will, claims of undue influence or lack of testamentary capacity, or conflicts between beneficiaries. A Florida probate lawyer can help resolve these disputes by offering legal advice, representing clients in court, negotiating settlements, or facilitating mediation or other alternative dispute resolution methods.

5. The Importance of Hiring a Probate Attorney in Miami

When it comes to navigating the complexities of Florida probate law, meeting critical deadlines, and ensuring the efficient administration of the decedent’s estate, hiring a probate attorney in Miami becomes indispensable. A skilled Florida probate attorney can provide invaluable guidance, support, and representation throughout the probate process, alleviating stress and uncertainty for both the personal representative and the beneficiaries.

Get An Experienced Probate Attorney Now

Stokes McMillan Antúnez Martinez-Lejarza P.A. is a full-service Florida trusts and estates law firm providing services including, but not limited to, probate, estate planning, trust & estate administration, and trust and estate litigation. If you have any questions or wish to hire our firm, please contact us.

This article was partly generated by the use of artificial intelligence or AI, and is provided as general information for educational purposes only. This article is not intended to provide specific legal advice, and should not be relied upon as a substitute for competent advice from a licensed attorney. To speak with one of our attorneys all you have to do is click hereIf you’re interested in more in-depth ruminations on this area of the law written 100% by a live human being, visit the Florida Probate & Trust Litigation Blog by going to the home page for firm partner Juan Antunez

1 thought on “5 Things You Need to Know About Probate in Florida”

  1. Pingback: The Role of a Probate Attorney in Estate Settlements in Miami: A Guide to Navigating Probate Law – SMA – Probate Lawyers Miami Florida

Comments are closed.

Scroll to Top
%d bloggers like this: