A probate is filed with the Miami-Dade Probate Court when a Miami decedent owned assets in the decedent’s sole name at the time of the decedent’s death. Here are the parties who are involved in the process:
Personal representative, appointed by the court to be in charge of managing the estate assets, including reviewing creditor’s claims and distributing assets to the beneficiaries. The court will appoint a personal representative nominated by the decedent’s will, if one exists, and the closest relative otherwise.
Beneficiaries are the persons who benefit from receiving the estate assets. Typically beneficiaries are the surviving spouse, the decedent’s children, parents, siblings, or other family members.
Heirs are close relatives of the decedent that may be legally entitled to make a claim against the estate when they are omitted from the decedent’s will or under other valid and legitimate circumstances.
Creditors are persons or entities to whom the decedent owned money at the time of the decedent’s death. Creditors are parties to a probate process. Creditors have the right to make a claim against the estate within three months after the statutory notice of probate has been published in a newspaper of general circulation in Miami-Dade County or other counties where the decedent owned property or may have resided. Creditors or interested parties also have the right to institute a litigation matter when a claim has been denied.
The Clerk of the Probate Court handles the filing of probate documents on behalf of the court.
The Probate Judge presides over the probate case making decisions on matters affecting the estate including will contests and estate litigation matters.
The IRS may also be involved in the probate of an estate when the estate is subject to paying federal estate taxes. As of 2013, estates valued over $5,120,000 less exemptions and expenses are subject to paying federal estate taxes.
Accountant or CPA, to file income tax and estate tax returns.
Financial advisors or stock brokers to make sure that investments perform in the duration of the estate.
Real estate agent and property management company may be hired by the personal representative of the Miami estate to assist with financial or real estate matters.
A Miami probate and estate attorney hired by the executor or family to represent the estate in legal matters and assist the executor in routine probate administration matters. Having a Miami probate and estate attorney representing the executor or the estate facilitates the probate process and makes it more efficient so that the estate can be wound up and closed quickly and without legal issues.
If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.