Probate is a legal process carried out in a law court before the estate of a deceased is disbursed. Probate begins when the executor files a petition along with the will and death certificate of the deceased to the surrogate court in the county where the deceased owned estate. Your attorney can help in drafting the petition to ensure you get everything right and with the proper documents. If there is no will and you wish to take the responsibility of becoming the personal representative of the deceased, then you also have to file a petition to the probate court for this cause. When accepted by the court and family as the executor or estate administrator, you will be awarded a document known as Letters Testamentary which authorizes you to commence your roles, i.e. probating the estate.
You need a probate for the following;
- Filing the petition
Probate is initiated by the will executor by filing a petition to the Surrogate’s Court in the county where the deceased lived. The death certificate and original will are included in the petition. It is important that this is accurately filed with proper information as any missing piece can lead to rejection by the court. Here, the legal assistance of a probate attorney is of immense value.
If there is no will, your attorney can help file a petition to the court to appoint you as the estate administrator.
- Documentation of the estate
All assets owned in the name of the deceased must be collected, valuated and kept account of by the executor. Appraisal by an accounting professional may be required although probate attorneys in Miami are also proficient in this area. Some assets may need to be liquidated in order to have liquid funds to distribute to beneficiaries. Some assets may be sold, some invested according to the discretion of the personal representative with counsel from the attorney and permission from the family members.
Proper record must be kept of every financial transactions, insurance proceeds, and income coming into the estate.
- Handling with estate debts and tax
Creditors are lawfully allowed to file their claims to the estate, and the executor must respond and pay the valid claims. This process often puts the executor into a tricky situation. They would be held liable if they pay illegitimate debts or excess. The importance of having a probate attorney also comes into play here. The probate attorney 10018 is experienced in dealing with creditors and estate tax, and will represent the executor.
- Disbursing the estate
After debts, tax, probate expenses, court and attorney fees have been settled, the leftover of the estate will then be distributed to the beneficiaries according to the will or intestate succession law in the absence of a valid will. As there are several forms required to be filled, the probate attorney will oversee this process to ensure everything is done right. Once this has been completed, the estate is closed.
- Personal representation are vital to the implementation of estate plan.
- Your personal representation would ensure that your desired beneficiaries gets your estate.
- Once involved in your estate plan, Miami estate lawyer would ensure that no family feud come up when administering your estate.
- Estate plans can be made to reflect and implement your mid, short and long term plans. However, you can speak with an estate planning lawyer to know suitable documents that would reflect these plans.
- Since estate plans are made in preparation for any uncertain life occurrences, you need the right lawyers to ensure your desires and plans are duly implemented.
- Miami probate lawyers would guide you through any probate process. Also, the estate lawyer can step in a play the role of the executioner of your estate plan.
- The living trust is an essential estate document. While other estate document such as last will may go through probate before it can be implemented, the living trust allows transfer of assets without any probate process.
Contact a Miami probate Lawyer
Our probate lawyer are the best candidate to represent you in the establishment of your estate.
If you reside in Miami and you need help regarding the planning of your estate, and also a personal representative, contact our estate planning lawyer in Miami.
Estate planning can be a tough task, depending on how you want your estate to be planned. Ever more complicated is planning it all by yourself. To ensure that your estate is well planned, it is best you contact a professional, one who is quite conversant with estate planning and the estate planning laws in Miami.