Hiring a Miami probate attorney is recommended under a number of circumstances that may arise in connection with the probate of a Miami estate including when someone dies without a will (intestate), in connection with a will contest matter, removal of an executor or personal representative and estate litigation matters.
Miami probate estate matters can be complex. Since most people do not understand the Florida probate laws, they hire a Miami probate attorney. Having proper legal representation in probate matters can help facilitate the executor and family members with the management, sale and distribution of estate assets to the beneficiaries and heirs, ensure important court deadlines and tax filing deadlines are met and make sure that the estate is wound up efficiently and in a timely matter.
When you file a probate matter in Florida, the decedent’s will and death certificate are documents that need to be filed with the Miami-Dade County Circuit Court. Financial information is treated as confidential and is not made public to protect each beneficiary’s privacy. A Miami-Dade County Circuit Court judge presides over a Miami probate matter and any other related proceedings that may arise such as determining whether if the will is valid, whether a personal representative is competent to serve under Florida probate statutes or when there is a dispute or will contest matter. The Court will issue Letters of Administration once the executor or personal representative has been established and approved by Court. The Letters of Administration signify that the personal representative has the authority to act financially and legally on behalf of the estate.
There are many other aspects of a Miami probate that must be taken care of after the Letters of Administration have been issued so that the assets can be distributed to beneficiaries and the estate wind up and closed included the following:
• Locating estate assets and preparing an inventory
• Sending a statutory notice to creditors so that they can file a timely claim and get paid by the estate if the decedent owed them money and providing that there are enough assets to pay claims
• Handling claims by either paying them or denying them
• Serving the proper notice of administration to interested parties in case someone has an objection they wish to file regarding the probate administration
• Managing estate assets, selling real and personal property owned by the decedent and distributing assets to the beneficiaries
• Hiring an accountant, attorney, real estate professional or other professionals if necessary
• Filing tax returns
• Winding up and closing the estate
A Miami probate attorney handles probate matters on a routine daily basis and understands Florida probate laws and procedures. They can answer questions, help resolve disputes, make court appearances and help with other matters that need to be completed in order to wind up the estate and close it efficiently and quickly. Using a probate attorney also relieves the stress and anxiety of family members so that they don’t have to worry about legal and accounting matters and the beneficiaries can receive their inheritances.
If you need the assistance of Miami estate attorney, please call the Law Offices of Albert Gurevich at (786) 522-1411.