Probate

Follow these steps to hire a probate attorney if you've been named the executor of a will and you need immediate help.

6 Steps To Hire A Probate Attorney

The Miami Beach Police Department can be reached at 305-673-7900 for non-emergencies.

You can request a copy of a police report by visiting the MBPD Records Unit or mailing a request to the address below. You can also phone in your request at 305-673-990, or email it to <a href="mailto:researchrequest@miamibeachfl.gov">researchrequest@miamibeachfl.gov</a>. 
In-Person and by Mail:
Miami Beach Police Department
Records Unit
Attention: Public Records Request
1100 Washington Avenue
Miami Beach, FL 33139
Open Tuesday to Thursday from 8:00 a.m.-3:00 p.m., and on Friday from 8:00 a.m.-12:00 p.m. You can also request a report copy online at <a href="https://miamibeachfl.justfoia.com/publicportal/home/newrequest">https://miamibeachfl.justfoia.com/publicportal/home/newrequest</a>.

According to Florida Statutes Title 42 Section 733.101, the probate venue should be in the county of the decedent’s residence. So, if the decedent was living in Miami Beach, the probate petition should be filed with the Miami-Dade County Clerk of the Courts. The Clerk of the Court’s office is at the Miami-Dade County Courthouse located at 73 W. Flagler St., Miami, FL 33130.

There is no hard-set deadline, but if you are the custodian of the decedent’s will, you need to deposit the original document with the Clerk of the Courts within 10 days of learning about the death. Filing the will initiates the probate process. A Miami Beach probate lawyer can help you navigate this step and the actions you need to take afterward.

Generally, the probate process takes 6 to 12 months, with a minimum of 3 months. Under Florida Statutes Title 42 Section 733.702, creditors are allowed three months from the date notice is made to make their claims. Meanwhile, according to Florida Probate Rule 5.400, final accounting documents must be accomplished within 12 months from the date the Letters of Administration were issued in Miami Beach. The timeline may be extended if there are will contests and claim disputes.

If the decedent is not a resident of Florida or the U.S. but has real properties in Miami Beach, two probate processes must be opened. The personal representative must initiate an ancillary probate in Miami-Dade County for the Miami Beach property, and a domiciliary probate in the decedent’s county of residence for the rest of their assets. The probate lawyers handling the probates must coordinate to transfer the property to the heirs or beneficiaries properly.

There is an alternative to the formal probate process called a “Summary Administration." Here, the Miami Beach estate’s value must be less than $75,000, and the decedent must have passed at least two years ago. Another alternative, specifically for small estates, is the “Disposition Without Administration” process. According to Florida Statutes Title 42 Section 735.301, the estate must not include real estate, and the personal property’s value must not exceed expenses like the decedent's funeral and medical bills.

Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.