WHAT IS THE PROBATE PROCESS IN MIAMI-DADE COUNTY, FLORIDA?

January 11, 2016

Probate, Revocable Trusts, And Estate Planning In Miami Beach

As a Miami Beach Probate, Trust, and Estate Planning Attorney, I wanted to explain the Probate process in Florida.

Do I Need A Probate Attorney In Florida?

When a person dies and there are assets in their name alone, a probate attorney in Florida is needed. Ally Glaser, PA is experienced in Probate and Trust administration and can assist you in these matters. Probate is the court process required when someone dies with assets in their own name and there is no paid on death beneficiary. For example, on a bank account or life insurance if there is a beneficiary listed there may not be a need for probate. If there are no beneficiaries or all of the beneficiaries are also deceased, probate is required. The same is true for a house or apartment where the decedent is the only person on the deed.

Probate Attorney In Miami Beach

Probate in Miami-Dade County is a timely, public, and costly court process that can be avoided with proper estate planning. It is difficult to go through a probate while mourning the loss of your loved one and the process can be avoided with a properly funded revocable trust. A will does not protect you or prevent probate. Ally Glaser, PA can help clients with Probate needs, but prefer to help them prevent that Probate from being needed in the first place.

Probate Is Unavoidable When Assets Are Left In Decedent’s Name Alone- How Can I Transfer A House Or Apartment In Florida?

  • Hire a Miami-Dade County Probate attorney.
  • Your attorney will collect the will or trust, if any, and begin collecting information to create the documents that are required to open a probate case.
  • A Notice to Creditors for all unknown creditors must be filed and published if your loved one has passed less than 2 years ago. All known creditors must be noticed of the probate directly if less than 2 years since the death.
  • A paid funeral bill with a zero balance will be required.
  • A Petition for Administration will be filed detailing the specific facts to a Probate Judge. The decedents name, address, date of death, and beneficiaries name address and date of birth will all be required information.
  • A few or many other documents will be required depending on the specific facts for each case.
  • The property/assets/bank account/investments may be sold or transferred upon obtaining the Judge’s approval.

Probate Cases Can Be Extremely Complicated And Experience Matters

At Ally Glaser, PA in Miami Beach, Florida we are skilled in both Probates and Trust administration and have had many years of experience in dealing with these cases.

Ally Glaser Pa In Miami Beach, Florida Is Unique

At Ally Glaser, PA, in Miami Beach, Florida, we do holistic estate planning and also handle probate and trust administration matters with care and concern for the loved ones left behind. We are happy to help you during these challenging times and have many years of experience dealing with these sensitive issues.