Don’t know where to start with the probate process? Do you need to hire a probate attorney in Miami? Our Miami probate lawyers help you navigate the probate legal process so that you don’t have to deal with probate court while you mourn the loss of a loved one. We handle the legal details, so you don’t have to.
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Probate is distributing a person’s estate (their tangible and intangible assets) after they pass away.
Probate in Miami, Florida includes:
Probate can be costly and time consuming.
Especially if there are a lot of assets to probate.
Or if there are issues with the will.
There are a lot of moving pieces to the Miami probate process.
Most people don’t understand how complex it is until they are forced into probate court.
Here are the core things our Miami probate attorneys handle for you:
Some people try to handle probate themselves to save money.
But, taking an estate through probate is complex and can be risky, especially if there is real property involved.
Plus, a personal representative is required by law to hire an attorney.
Getting it wrong can have serious consequences.
You minimize these risks by hiring a probate lawyer.
Our probate lawyers reduce the administrative burden and legal risks associated with managing an estate.
If you want help from a Miami probate attorney, schedule an appointment or fill out the form below.
Feel free to download our FREE Probate Guide.
Talk to our Miami Probate Lawyers
Here is what you will need to start the probate process in Miami, Florida:
Don’t worry about getting into all the details with this information – come with what you know.
You can also fill out the form at the bottom of this page to get started.
At Loughlin Law, P.A., we understand the importance of:
We can only accommodate a limited number of clients each month.
So don’t miss your opportunity to work with our probate lawyers.
Our Miami Probate Attorneys offer:
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Main office located at:
150 East Palmetto Park Road
Suite 800
Boca Raton, FL 33432
Serving clients virtually throughout the state of Florida
We can serve you if you live in Miami, Florida (33101, 33109, 33125, 33126, 33127, 33128, 33129, 33130, 33131, 33132, 33133, 33134, 33135, 33136, 33137, 33138, 33139, 33140, 33141, 33142, 33143, 33144, 33145, 33146, 33147, 33150, 33155, 33156, 33157, 33158, 33160, 33161, 33162, 33165, 33166, 33167, 33168, 33169, 33170, 33172, 33173, 33174, 33175, 33176, 33177, 33178, 33179, 33180, 33181, 33182, 33183, 33184, 33185, 33186, 33187, 33189, 33190) in Miami-Dade County.
We handle probate administration in every county in Florida including:
Here are some of the major cities we work in:
Probate is the legal process of validating a will and distributing a deceased person's assets according to the will or state law.
Not always—probate can be avoided with proper planning.
Probate usually takes 6 to 12 months but can take longer for complex estates.
The estate goes through intestate probate, and state law decides who inherits.
The probate court and a court-appointed executor or personal representative.
An executor, or personal representative, is the person named in a will to carry out its instructions.
Yes, you can refuse the role if you do not wish to serve.
No, assets with beneficiaries or joint ownership may avoid probate.
Yes, once filed, a will becomes part of the public record.
Court costs, executor fees, and attorney fees are common probate expenses.
Yes, interested parties can challenge the validity of a will.
Undue influence, lack of capacity, or improper execution.
A bond protects heirs from executor mismanagement and is sometimes required.
Sometimes an interim distribution will be approved by the court.
They can file objections with the probate court.
Creditors can request payment for debts owed by the deceased.
The estate pays debts before any distribution to beneficiaries.
Assets are sold and debts prioritized by legal order of payment.
A faster probate process for smaller Florida estates without major creditor issues.
A traditional, court-supervised probate process used for larger estates or those with creditor issues.
Probate required in another state where the decedent owned property.
In Florida, attorneys are required for most probate cases.
Yes, many steps can be handled virtually, including filings and meetings.
Real estate may need to be appraised, sold, or retitled through probate.
No, a valid will cannot be altered after death.
You can petition the court to remove or replace them.
A validly executed will can be offered for probate years after someone passes, though delays may negatively impact beneficiaries.
Final income taxes and possibly estate taxes must be filed and paid.
A detailed list of all estate assets submitted to the court.
Usually not until the estate is settled and the court approves distributions.
The court appoints a personal representative in accordance with state law.
Yes, if they are qualified and meet the court’s requirements, but additional steps or bonds may be required.
A copy may be used with court approval. It is a longer and more complex process.
The court may hold hearings or mediation to resolve them.
Not if there’s a valid named beneficiary.
A guardian may need to be appointed depending on the amount they are inheriting.
Unpaid support may be collected from the estate.
Yes, they are entitled to reasonable compensation.
Typically the most recent in time validly executed will is admitted.
It depends on the issues and assets involved, but in Florida, the personal representative is typically required to hire a licensed attorney.
Yes, each state has its own probate laws and procedures.
Estate planning prepares for death; probate occurs after death.
Summary administration or proper planning may speed up the process.
A financial report showing all estate income, expenses, and distributions.
No, unless the will or trust provides for their disinheritance.
Foreign assets may require separate legal processes.
Yes, the estate is handled under intestate succession laws.
The judge ensures the estate is settled legally and fairly.