The Role of a Probate Attorney in Estate Settlements in Miami: A Guide to Navigating Probate Law

By Stokes McMillan Antunez Martinez-Lejarza P.A. on July 11, 2023

Grasping Probate Law

In the realm of trust & estates, probate is at the forefront. Essentially, probate is the formal legal procedure that confirms the authenticity of a will and designates an executor or personal representative to manage the estate and disperse assets to the rightful beneficiaries. Probate laws are not uniform across states; hence, understanding Florida’s probate law is essential.

Stokes McMillan Antuñez 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.

Probate: With or Without a Will

When an individual passes away with a valid will, the probate process primarily involves authenticating and carrying out instructions in the will. The executor, generally named in the will, starts the process by filing the will with a court within a certain period following the individual’s death. The executor collaborates with the court to identify and evaluate the decedent’s assets and settle any debts or taxes.

Contrarily, if there isn’t any will or the probate court deems the will invalid, the estate is considered intestate. An unbiased administrator gets appointed to allocate the assets. Typically, this involves identifying and reaching out to legal heirs, beginning with surviving spouses; then children, and finally, other family members.

The Indispensable Probate Attorney

In estate settlements, the probate attorney is indispensable. Being experienced in probate law, they help executors and beneficiaries through the winding probate process. From the initial will submission to the court, addressing tax matters, and ensuring the fair division of assets among the beneficiaries, a probate attorney guarantees all legal protocols are followed.

In Florida, known for its intricate probate laws, engaging a skilled probate lawyer can smoothen the process and sidestep potential legal pitfalls. Their mastery in trust & estates proves invaluable in cases where either the will is contested or no will exists.

Expenses and Timeframe of Probate in Florida

The costs and duration of probate can fluctuate dramatically due to various elements. These include the complexity of the will, the magnitude of the estate, and possible disputes among the beneficiaries. Moreover, court or attorney fees, as mandated by law, can also add to probate expenses.

It’s crucial to recognize that several states, including Florida, offer expedited or streamlined court procedures which are both cost-effective and efficient for small or straightforward estates.

Techniques to Bypass Probate

With astute estate planning, probate can be avoided. Certain assets needn’t undergo the probate process, encompassing:

Jointly-owned properties
Assets held in a trust such as a revocable living trust
Life insurance, IRAs, pension plans
Transfer-on-death accounts

FAQs

1. What is probate?

Probate is a legal procedure that authenticates a will and governs the allocation of a deceased individual’s estate.

2. What does a probate attorney do?

A probate attorney shepherds executors and beneficiaries through the probate process, ensuring that not a single legal requirement is left unmet.

3. What are the costs for a probate attorney in Florida?

The expenses of enlisting a probate attorney can differ based on the estate’s complexity and probate duration.

4. How do I get in touch with a probate attorney in Miami, Florida?

Finding the best probate attorney requires time and research. Make sure you find a credible firm with years of experience in the probate process.

Understanding the nuances of probate law is fundamental in estate planning. Neither should the value of a seasoned probate attorney be underestimated. Seeking professional guidance will ensure that your assets are protected and distributed according to your wishes.

DISCLAIMER

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 here. If 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 Antuñez.