Florida Probate Administration Lawyer

Losing a loved one is one of the most difficult experiences a person can face. While you are grieving, the last thing you want to think about is paperwork and court dates. However, when someone passes away in Miami-Dade County, their property and assets usually go through a legal process called probate. This is the court-supervised method of identifying a person’s belongings, paying off their final debts, and giving what remains to their rightful heirs.

A Florida probate administration lawyer from The Estate Plan can help your family manage these tasks so you can focus on honoring your loved one’s memory.

Table of Content

• Why Choose a Florida Probate Administration Attorney from The Estate Plan?
• The Role of a Florida Probate Administration Lawyer
• Florida Probate Administration FAQs
• Secure Your Legacy with The Estate Plan

Why Choose a Florida Probate Administration Attorney from The Estate Plan?

Choosing the right firm to help your family is a big decision. At The Estate Plan, we are a boutique law firm in Coral Gables that focuses on helping Florida families protect their legacy. We understand that every situation is different, and we take the time to listen to your specific needs before suggesting a way forward. Our office is located near local landmarks like the historic Biltmore Hotel, and we take pride in serving our neighbors throughout the Miami area.

Our firm is built on being available when you need us most. We offer several unique benefits to our clients:

• We provide 24/7 access to an attorney for emergency situations because we know that life doesn’t always happen during business hours.
• Our office is entirely paperless and cloud-based, allowing us to respond to your needs in real-time from anywhere.
• We offer an Asset Alignment service to help make sure your property is correctly organized, which can save your family time and money.

We treat every client with sensitivity and respect. Instead of using a one-size-fits-all approach, we look for creative ways to solve problems and help your family find a path forward. Our team is here to handle the legal details so you can focus on your family.

The Role of a Florida Probate Administration Lawyer

In Florida, the law requires most estates to have a legal representative to help guide the process through the court system. This process involves the Florida Statutes, laws the state legislature passed. Whether your loved one left a will (known as being testate) or died without one (known as being intestate), there are specific rules that must be followed.

A Florida probate administration lawyer acts as a guide through the legal system. One of the first things a lawyer helps with is identifying the Personal Representative. This is the person appointed by the court to manage the estate’s affairs. If there is a will, it usually names this person. If there isn’t a will, the court will appoint someone, usually a close family member.

The legal process varies depending on the size of the estate. Florida offers a faster process called Summary Administration for smaller estates or for people who passed away more than two years ago. Most other situations require Formal Administration. This is the more detailed version of probate, where the court stays involved until every debt is paid and every asset is moved to the new owner. Following the Florida Probate Code is a requirement to ensure everything is done correctly.

• Filing the initial petition with the Miami-Dade County Clerk of the Courts.
• Publishing a Notice to Creditors in a local newspaper to alert anyone the deceased person owed money to.
• Defending the estate if someone challenges the validity of the will in court.

By handling these legal hurdles, a lawyer helps prevent mistakes that could lead to delays or extra costs for the family.

Managing Debts and Distribution

Before any family member can receive their inheritance, the law requires that the estate’s debts be settled. This is often where things get complicated. The Personal Representative must look through records to find any outstanding bills, such as medical expenses or credit card balances. There is a specific window of time for creditors to make a claim against the estate. If they miss this deadline, they might lose their right to be paid.

Once the debts and taxes are handled, the remaining assets can be given to the beneficiaries. Beneficiaries are the people or organizations who are legally entitled to receive property from the estate. If the person had a house in a neighborhood like Coconut Grove or a condo in Brickell, the title to that property must be legally changed. This requires specific court orders that a Florida probate administration attorney prepares for the judge to sign.

• Identifying exempt property, which are certain items that are protected from creditors under Florida law.
• Handling the sale of real estate if the heirs prefer to receive cash instead of the physical property.
• Providing a final accounting to the court and the beneficiaries to show exactly where every dollar went.

Completing these steps properly helps close the estate and gives the family a sense of completion.

Protecting Your Family from Conflict

Sometimes, family members do not agree on how an estate should be handled. This can happen if a will is unclear or if someone feels they were unfairly left out. In these cases, probate litigation might occur. This is a legal battle over the terms of the estate or the actions of the Personal Representative. Having a legal professional who focuses on probate can help minimize these disagreements by keeping everyone informed and ensuring the process is transparent.

We also assist with trust administration. Many people in Florida use trusts to hold their assets. A trust is a legal arrangement where one person holds property for the benefit of another. While trusts often help a family avoid the public probate court process, they still require careful management to follow the rules set out in the Florida Trust Code.

• Communicating with all heirs to manage expectations and provide updates on the court’s progress.
• Assisting with the transfer of non-probate assets, like life insurance policies or retirement accounts with named beneficiaries.
• Providing an objective perspective during emotional discussions about family heirlooms or property.

Clear communication and legal accuracy are the best tools for keeping family relationships strong during a difficult transition.

Florida Probate Administration FAQs

If you are just starting this process, you likely have many questions about how the law works and what you need to do next. Here are some of the most common questions people ask when looking for a probate administration lawyer in Florida.

How long does the probate process usually take in Miami-Dade County?

The timeline for probate can vary quite a bit based on the complexity of the assets and whether there are any disputes. A simple Summary Administration might take just a few weeks or months. A Formal Administration usually takes between six months and a year. If there is property to sell or if creditors are being difficult, it can take longer.

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What happens to a house that has a homestead exemption in Florida?

In Florida, a homestead is the primary home of a resident. The law provides special protections for this property. Usually, the home is not considered an asset that can be used to pay off general creditors. However, the court must still sign an order determining that the property is indeed a homestead before it can be officially transferred to the heirs.

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Can a Personal Representative be paid for their work?

Yes, Florida law allows the Personal Representative to be paid a reasonable fee for their time and effort. Managing an estate involves a lot of work, including visiting banks, talking to lawyers, and keeping detailed records. The fee is usually calculated as a percentage of the estate’s value, though the family can agree to a different amount.

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What if the deceased person lived in another state but owned property in Florida?

If a person lived in another state but owned real property (land or a home) in Florida, a process called Ancillary Probate is required. This is a secondary probate case opened in Florida specifically to handle the transfer of that local property. This often happens for people who had vacation homes near Miami Beach or Coral Gables.

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Is a will still valid if the deceased signed it in another state?

Generally, Florida will recognize a will that was validly created in another state, as long as it meets certain requirements. However, the document must be self-proving or have witnesses who can verify the signature. A lawyer can review the out-of-state document to confirm it meets the standards of the Florida court system.

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How long does someone have to contest a will in Florida?

The deadline depends on whether the Personal Representative served a Notice of Administration on the person. If the Personal Representative serves a Notice of Administration, the person has either 20 days after the date of service or three months after the first publication of the Notice to Creditors, whichever is later.

A knowledgeable attorney properly serves the Notice of Administration to start this deadline running.

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Secure Your Legacy with The Estate Plan

At The Estate Plan, we are here to help you be prepared for the What Now after a loss and the What If for your own future. Our team of compassionate professionals in Coral Gables is ready to listen to your story and help you find a tailored solution that brings you peace of mind.

Whether you need help with probate administration, a partition action, or creating a new estate plan, we are ready to stand by your side. Contact The Estate Plan today to consult us and take the first step toward securing your family’s future.