Providing Valuable Legal Assistance Throughout the Probate Process

Estate planning applies to everyone, not just those with significant assets. When someone passes away, their estate must be properly managed and distributed.

A Miami probate lawyer can help guide you through this process and ensure everything is handled correctly. The Florida probate process is the legal procedure in which the court oversees the administration of an estate. It ensures that debts are paid and assets are transferred to the correct beneficiaries.

There are three types of probate proceedings in Florida.

Understanding how the Florida probate process works can help you make informed decisions and avoid unnecessary complications.

Types of Probate in the Florida Probate Process.

Disposition Without Administration

Disposition without administration allows an estate to skip probate hearings in very limited circumstances and situations. This type of probate process is only available to those who did not leave behind any real estate, and their total assets were valued at less than the final expenses after completing probate.

Formal Administration

Formal probate administration, also known as formal probate, is the standard type of probate. Formal administration proceedings occur in your local Circuit Court where the deceased person (the decedent) lived at the time of their passing. Formal probate begins when the executor of the estate asks the court to be appointed as the personal representative of the estate for the probate process.

Summary Administration

Finally, summary administration is sometimes used when the total value of the property that goes through probate is $75,000 or less. Also, summary administration may be utilized when a death occurred more than two years before the beginning of the probate process.

If all of this sounds a little bit overwhelming and confusing, that’s okay. In fact, that’s the typical response that most people have towards the probate process. But that’s why lawyers, such as attorney Pedro Armando Perez-Roura, proudly provide their legal services to clients who need help throughout the probate process. To learn more about how we can assist you during this difficult legal matter, please contact our Miami law offices for a free initial consultation.

Responsibilities of a Personal Representative

The personal representative can be an individual, a bank, a trust company, or a lawyer appointed by a family law judge to oversee the probate administration of an estate following the death of an individual. While other states use terms like executor or administrator, Florida prefers the term personal representative.

The personal representative has several duties, including:

Identifying and gathering estate assets.
Notifying creditors and beneficiaries.
Paying valid debts and taxes.
Managing estate finances.
Distributing assets to beneficiaries.
Closing the estate.

What Happens If Someone Dies Without a Will in Florida?

When a person dies without a will, they are considered intestate. In these cases, the estate goes through the Florida probate process, and state law determines how assets are distributed.

Typically, a surviving spouse receives most of the estate. After that, the decedent’s children are next in line to inherit. The court may also decide other important matters, such as guardianship.

In many cases, the surviving spouse will also serve as the estate’s personal representative, taking on the responsibility of managing the probate process.

If you want to ensure your assets go to the right people, creating a valid will is essential. An experienced estate planning attorney can help you put the right plan in place.

How to Avoid Probate in Florida?

Many families want to avoid the Florida probate process because it can take time, cost money, and add unnecessary stress during an already difficult period.

However, while probate is sometimes unavoidable, some strategies can help certain assets pass directly to your beneficiaries without going through the court process.

If avoiding probate is part of your estate planning goals, consider the following options:

Beneficiary designations for life insurance policies and retirement accounts
Joint ownership or joint tenancy with rights of survivorship
Lady Bird deeds for real estate in Florida
Living trusts to transfer assets outside of probate
Payable-on-death (POD) designations for bank accounts
Transfer-on-death (TOD) designations for eligible assets
Lifetime gifts to reduce the size of your estate
Simplified probate options, when applicable

Each option works differently, and the right strategy depends on your specific situation. A probate attorney can help you create a plan that protects your assets and simplifies the process for your loved ones.

What Does a Probate Lawyer Do in Florida?

A Miami probate lawyer helps guide you through every step of the Florida probate process, ensuring that the estate is handled correctly and in accordance with the law.

At Perez-Roura Law, our team assists clients with:

Advising the personal representative on how to properly settle debts and obligations
Handling estate litigation if someone challenges the will
Determining whether any estate or inheritance taxes apply
Preparing and filing all required probate court documents
Identifying, valuing, and gathering estate assets
Managing proceeds from life insurance policies
Overseeing estate finances as a neutral third party
Obtaining appraisals for real estate and other valuable property
Distributing assets to the rightful beneficiaries

Probate can be complex, but with the right legal guidance, the process becomes much more manageable.

Schedule a Free Consultation with a Miami Probate Lawyer

The Florida probate process can feel overwhelming, but you don’t have to go through it alone.

At Perez-Roura Law, we guide families through every step, helping them navigate probate with clarity and confidence during a difficult time.

Our law firm has extensive experience helping clients navigate complex probate matters. To learn more about our legal services, contact our law office to schedule your free case evaluation today. You may call us at 305-570-3259.

Miami Probate Attorney