When someone passes away, the distribution of their property that follows can be contentious and disorienting. The probate system was created to resolve any disputes and to provide a uniform way to distribute assets after a person’s death.
While state law has changed and now allows some alternative approaches, formal probate administration in Coral Gables remains the most common option. In fact, many estates have no choice but to go through these steps to identify a person’s heirs. Let a skilled probate attorney advise you on how to manage this important task without concern.
The assets a person owned in their individual name, without a beneficiary designation, at the time of their death are known as a probate estate. Through this process, the court will determine which beneficiaries are entitled to inherit certain belongings or assets. There are other matters to attend to as well, including the appointment of a personal representative and the payment of any creditors.
It is worth noting that not every asset will be sorted and distributed by the court. When a person jointly owns property with someone else who has right of survivorship, the survivor is entitled to the full share. Property containing named beneficiaries who are still living also gets to skip formal probate administration.
The law also provides for some exceptions for surviving spouses and children, who can claim items like furniture, appliances, and motor vehicles up to a certain dollar amount. These assets are not considered property of the estate. Unraveling all the exceptions that are available can be difficult without the help of an experienced Coral Gables lawyer who is adept at handling formal administration.
Formal probate administration officially begins with the filing of a petition with the court. This is done by the executor of the will if one has been located; or alternatively, a family member can initiate this legal action on their own if no executor is available.
Once this process begins, the judge is required to name someone as the personal representative of the estate. This is often the executor of the will, but the judge could appoint a family member as well. The minimum requirements to serve in this role include being at least 18 years of age and mentally sound. Felons and those convicted of crimes involving the exploitation of vulnerable people are prohibited from serving in this capacity.
As the case winds its way through the system, the personal representative is tasked with resolving most of the issues, notifying named beneficiaries, paying creditors, and disputing claims as needed. In the end, it is their role to distribute any assets and file a final report.
There is a faster method for dividing an estate under the law, known as summary administration, but it is not available for everyone. The major difference between these approaches is that summary probate can be handled in a shorter period of time, with the court directly dividing the assets to the correct beneficiaries, though the estate must be valued at under $75,000. Many executors are often able to accomplish this without legal counsel.
Most estates of individuals who died owning assets in their individual name, valued over $75,000, must go through the formal administration process. If the individual has been deceased for more than two years, the formal administration process is a little shorter, as certain steps are not required, but probate will still be necessary.
Unless the personal representative is the sole heir of the estate, Florida law requires that a Personal Representative be represented by an attorney. It can be intimidating to attempt formal probate administration in Coral Gables without help from someone who knows the ins and outs. The right estate planning attorney could simplify things while also assisting you in getting the outcome the decedent preferred. Reach out to us as soon as possible for a private consultation.
We evaluate your case and determine how we might be able to help.
We will meet with you to discuss your next options and lay out a plan.
Our team guides you throughout the process so you feel confident about your choices.
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