As a Miami probate lawyer, it is my job to assist you in your capacity as the petitioner or as the personal representative in the Miami Probate Court. My goal is for an efficient administration, meaning an administration that is time and cost effective, and most of all, well-done.
This is not always the case as the Florida probate administration can be lengthy and cumbersome, but with the right processes in place, the probate probate administration can be simplified and concluded efficiently.
Formal Administration in Florida is typically needed when the assets of the deceased persons are in excess of $75,000 and the person has been deceased for less than two years. Formal administration is also needed when a real property will be sold through the probate process.
You will need a Miami probate lawyer to help you with the probate administration of your loved one. The reason you need a probate lawyer is that formal administration has specific rules and deadlines that must be followed, specially as it relates to creditors.
Summary Administration in Florida probate can be done if the person has been deceased for over two years or if the assets are less than $75,000.
Summary is a simplified process because a lot of the time the 2 year statute of limitations to bring claims against the estate has run. The court is not as concerned with notice to all creditors and therefore the administration can be expedited.
Although sometimes you can do a summary administration without a probate attorney, it is always recommend for you to seek the help of a Miami probate lawyer to assist you with the administration. You will definitely need a probate lawyer if real estate is involved.
Ancillary Administration is needed in Florida when someone passes away owning property in the State of Florida, but the primary administration was done in another State. Ancillary Administration will also apply if the decedent owned property in Florida, without being a Florida resident, and no other probate administration is needed in the State of residence.
Ancillary administration is very similar to a formal probate administration. It takes the same steps and has almost the same duration from start to finish.
In Florida probate, beneficiaries have certain rights in the probate administration. Although the personal representative in the formal administration has all the power, the personal representative owes duties to the beneficiaries.
Have a Miami probate lawyer represent your interest as a beneficiary will allow you to receive all the required notices and make sure that the personal representative is doing his or her job diligently.