A probate proceeding is required to transfer assets that are held in the sole name of a Miami decedent such as a bank account, real property, motor vehicle or vessel or a business. If the decedent did not have a will at the time of the decedent’s death, then an intestate probate proceeding would need to be filed instead with the Miami-Dade Clerk of Courts. Small estates valued at $6,000 or under, where only personal property is involved, are handled quicker by the court. However estates valued over $6,000 require a more formal probate procedure. Click here for our Guide for a Florida Personal Representative.

Assets that are held in joint accounts or jointly such as real property, or life insurance and pension accounts that have named beneficiaries as well as assets placed in a trust are usually not subject to probate.

To make sure that the probate goes smoothly and procedures are filed in accordance with the Florida probate laws, most personal representatives hire a Miami probate and estate lawyer who represents the estate and assists the personal representative with the duties required in administering and winding up an estate. These duties may include attending court hearings, filing tax returns, making an accounting of the assets of the decedent, help with purchasing and selling real property and reviewing creditor’s claims.

The personal representative generally relies on the attorney’s expertise to see that the probate is wound up and the assets are distributed in a timely manner to the beneficiaries and heirs. If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.