Probate Services - Stanley Lewis Law
Miami Gardens Probate Attorney
When someone dies without, a will in Florida, they’re said to die “intestate.” In that case, Florida law dictates how assets will be administered and distributed through a probate court process. Even when someone had a valid will or trust instrument prepared, there may be certain assets that need to be administered through the court system. The Law Office of Stanley B. Lewis, P.A. can help clients in Miami-Dade County and Broward County, FL through all types of probate proceedings, including formal administration, summary administration and ancillary administration. We assist clients in obtaining a guardian for a minor or for a family member who can no longer care for him or herself, or a conservator to handle their financial matters during a period when they cannot. Both of these situations require the involvement of the court, and Affinity deftly guides clients through that process. Additionally, there is always the possibility of working through the probate court in order to administer an estate after a death. Depending on the circumstances, this process can take longer than one year to complete. Our office provides services ranging from filing a Last Will and Testament to opening a full estate and distributing the assets to the beneficiaries. Our goal is to make this process as smooth as possible for the family members.
The Florida Probate Process
There are several different types of probate proceedings under Florida law. Formal administration is the most common of these, although some estates may qualify for a simplified process known as summary administration, if the decedent’s estate will be probated in another state but they owned property in Florida at the time of their death, an ancillary administration may be required to 'clear title” to the Florida property.
If assets need to go through a probate court proceeding in Florida, certain steps apply regardless of what type of administration is needed. First, certain documents will need to be filed with the appropriate probate court. Part of the process includes nominating someone to serve as the personal representative for the estate, to have authority to administer and distribute estate assets. A judge will review the petition and related documents and will make a decision about appointing the personal representative. Once that person has been appointed by the court, and court requirements have been met, the court will issue “Letters of administration,” which give the personal representative Legal authority to act on behalf of the estate.
Other steps typically involved include notifying creditors of their right to assert claims against the estate, identifying and inventorying assets, identifying beneficiaries and heirs, handling claims and distributions and handling tax obligations and requirements.
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