Hialeah Probate Attorney

Overcoming Miami-Dade County Probate and Trust Administration Challenges

Have you been asked to administer a loved one’s estate in Hialeah or Miami-Dade County? Are you having trouble with the probate process? If so, Adrian Philip Thomas, P.A., can help.

Call our Hialeah probate lawyer today at (954) 764-7273 or contact us online to put a Board-Certified Specialist in your corner for any of our probate and trust services.

What is Probate?

When a resident of Hialeah dies with a will, their assets are passed on according to their instructions. If the decedent owned assets in their individual name, then their probate assets will pass under the supervision of the probate court. This is commonly known as “probate.”

Probate is a streamlined and non-adversarial legal process that allows the transfer of assets to the testator's children, spouse, friends, or even to his or her favorite charity. 

However, if there is no will, then their assets will typically transfer through the intestacy process through the Circuit Court in the Miami-Dade probate court.

Our Hialeah probate and trust services include:

• Probate Administration
• Trust Administration
• Estate Planning
• Dispute Resolution
• Federal Estate Tax

Why is the Probate Process Needed?

The probate process serves several essential purposes in managing the affairs of a deceased individual. 

Firstly, it provides a legal framework for validating a will, ensuring that the deceased's final wishes are honored. This is particularly important for distributing assets according to the terms set forth in the will, thereby providing clarity and reducing potential disputes among heirs and beneficiaries.

Additionally, probate allows for the orderly settlement of debts and obligations. The process ensures that any outstanding debts, taxes, or claims against the estate are identified and resolved before assets are distributed. 

Finally, probate serves to provide a transparent and accountable system, with court oversight to ensure that the personal representative or executor acts in the best interests of the estate and its heirs, thereby fostering trust in the administration of the deceased's affairs.

We have been serving Florida for more than 20 years. Call us now at (954) 764-7273 or contact us online to get started.

Is the Probate Process Always Required?

No, the probate process is not always required. This is why we suggest that anyone who is considering going through the process speak with a Hialeah lawyer who is experienced with administration and probate proceedings.

Avoiding probate can simplify the transfer of assets and reduce the time and costs associated with settling an estate. Here are several strategies to consider:

• Establish a Living Trust: A revocable living trust allows you to transfer ownership of your assets into the trust while you are alive. Upon your passing, the assets can be distributed directly to your beneficiaries without going through probate.
• Joint Ownership: Holding property as joint tenants with rights of survivorship means that upon your death, the surviving owner automatically inherits the property, bypassing probate. This method is often used for real estate and bank accounts.
• Beneficiary Designations: Many financial accounts, such as life insurance policies and retirement accounts, allow you to name beneficiaries. Upon your death, these assets transfer directly to the named beneficiaries, avoiding probate.
• Payable-on-Death (POD) Accounts: You can designate bank accounts as payable-on-death to a specific beneficiary. This ensures that funds are transferred directly to that individual without the need for probate.
• Gifts During Lifetime: Giving away assets while you are still alive can reduce the size of your estate and minimize probate. However, be mindful of gift tax implications and the impact on your financial situation.
• Use of Small Estate Procedures: In Florida, estates valued under a certain threshold may qualify for simplified probate procedures, allowing for a quicker and less formal process.

Engaging a knowledgeable attorney in Hialeah can help you explore these options and create a comprehensive estate plan tailored to your needs, ensuring your assets are protected and transferred smoothly.

Providing Hialeah Clients the Support They Need