Miami Probate Attorney

How Can the Probate Process Be Initiated in Miami?

Probate in Miami doesn’t start automatically, so someone needs to start the ball rolling. This person or entity, usually called the “personal representative”, will often be exposed either in the will or by a court. In most cases, is a spouse, an heir, or another party with a financial interest in the estate.

How Does Miami Approve a Personal Representative?

Once the personal representative (PR) is nominated by the appropriate people or entities, the Miami Probate Court must certify that this PR is fit (eligible) to serve. Thus, it is crucial, for the sake of smooth proceedings, that proper appointment requirements are carefully followed.

What Does Personal Representative Do?

Among other things, a personal representative's primary job is to help the court as well as beneficiaries and heirs maximize the value of the estate and ensure that this value is distributed, sooner rather than later, as directed on the spiritual side of one’s final wishes along with best strategies for taxation, liability protection, and private management.

Since the personal representative is usually appointed by a judge, they must adhere to specific procedures and seek court approval for their actions. Failing to follow these requirements can lead to serious consequences, such as the court ruling against the estate, the representative not being compensated for their work, and increased risk to the estate’s assets.

How Does the Probate Process in Miami Work?

The Miami probate process begins after an individual passes away, requiring the settlement of their estate. If the deceased left a will, the probate court validates it to ensure compliance with Florida law; if there is no will, the estate is managed according to intestacy laws. The process starts with filing a petition for probate in the county where the deceased lived, along with the original will if available.

Once the petition is accepted, the court appoints a personal representative (executor) to oversee the estate. They must maintain accurate records and provide updates to the court and interested parties.

The probate process can involve various legal and financial issues, including creditor claims and tax liabilities. Hiring a probate attorney can help navigate these complexities, ensuring compliance with legal requirements and protecting everyone’s interests. With appropriate legal guidance, the process can be smoother and more efficient, honoring the deceased's wishes.

Contact our Miami probate attorneys for a complimentary legal consultation. Call now at (954) 764-7273 or fill out our online form to get the support you need!

How Long Does it Take for Miami to Complete Probate After Being Opened?

Probate can take very different competition times, completely on few of the following:

• The size and relative complicacy of the assets in the estate
• The nature and relative financial relationships of the chosen heirs and beneficiaries
• The quality of the estate administration— whether your personal representative is adhering to the correct probate procedures Canon
• Any potential creditors or under lawful complainters or ongoing legal claims may have property in the estate