PROBATE
Our attorneys assist clients in Miami-Dade County with legal matters related to estate distribution, asset management, and resolving disputes during the probate and estate administration process. Each case is different and must be evaluated on its own merits. Past results are not a guarantee of future outcomes.
Simplifying the Probate Journey
The probate process can be complex and challenging, especially during a difficult time. At CLS Law Firm, we provide legal guidance throughout probate administration. From validating wills to managing asset distribution, our attorneys work to help ensure the process complies with Florida law and is handled with attention to detail.
Managing Debts and Taxes in Probate
Addressing outstanding debts and tax obligations is a key part of probate administration. At CLS Law Firm, we assist personal representatives in complying with Florida law to ensure proper settlement of the decedent’s financial responsibilities.
Debt Settlement Guidance: We advise clients on which debts must be paid, the statutory order of payment, and how to address obligations such as federal and state taxes, credit cards, and personal loans.
Tax and Liability Management: Our team helps navigate the tax responsibilities of the estate and provides guidance to minimize exposure to personal liability for executors and administrators.
Facilitating Asset Distribution
The final stage of probate involves distributing estate assets according to the will or Florida’s intestate succession laws. CLS Law Firm provides legal support throughout this process, including dispute resolution when disagreements arise among beneficiaries.
Beneficiary Dispute Resolution: We assist in mediating disputes that may occur during asset distribution, aiming to resolve conflicts in accordance with the decedent’s estate plan and applicable state law.
Structured Distribution: Our firm helps organize and oversee the allocation of estate assets, including cases involving shared ownership or legal challenges, in compliance with the probate court’s directives.
Comprehensive Support in Probate Administration
CLS Law Firm provides legal support throughout the probate process—from initial filings to the closing of the estate. We work with personal representatives to help ensure that each step is carried out in accordance with the law and the decedent’s wishes.
Detailed Execution of Duties: We assist in fulfilling the responsibilities of the executor or personal representative, including notifications, inventory preparation, and court filings.
Clear Communication with Beneficiaries: We work to make the probate process more understandable and manageable for all parties involved, supporting the timely and lawful settlement of the estate.
Common Questions About Probate
What triggers the probate process in Florida?
The probate process in Florida begins after an individual’s death and is the legal procedure for transferring their assets according to their last will or, if no will exists, under Florida's intestacy laws. This judicial process facilitates the distribution of the decedent's assets, payment of debts, and the handling of estate-related matters under the supervision of Florida probate courts.
Who is responsible for managing the probate process in Florida?
The executor named in the will is responsible for managing the probate process in Florida. If there is no will, the court appoints an administrator to carry out these duties. This role includes tasks such as inventorying the estate's assets, paying debts, and distributing assets to the heirs in accordance with Florida law.
What types of assets go through probate in Florida?
In Florida, assets solely titled in the name of the deceased without a designated beneficiary, such as certain bank accounts, real estate, and personal property, are typically subject to probate. Assets that are jointly owned, have beneficiaries designated, or are held in trusts may avoid the probate process and transfer directly to the beneficiaries.
Can probate be expedited for small estates in Florida?
Florida statutes provide simplified probate proceedings for qualifying small estates. This procedure reduces some documentation and court involvement for estates that meet specific criteria regarding size and complexity, allowing for an expedited resolution of the distribution of assets.
Are all family members entitled to information about the probate process in Florida?
In Florida, immediate family members and individuals named as beneficiaries in the will are generally provided with information about the probate proceedings. This process allows relevant parties to stay informed and, if necessary, address any concerns or objections.
What if the deceased had debts in Florida?
Managing the debts of the deceased is a necessary part of the probate process in Florida. The estate's executor or administrator is responsible for identifying valid creditor claims and paying those debts and any applicable taxes from the estate's assets before distributing the remaining assets to the heirs, in accordance with Florida law.
Can I object to the will during probate in Florida?
In Florida, a will may be challenged during probate proceedings by parties with a legal interest, based on claims such as undue influence, fraud, or concerns about the testator’s mental capacity at the time the will was executed. Contesting a will involves following Florida’s legal procedures, and individuals often seek legal counsel to assist with the process.
How are taxes handled in probate in Florida?
The settlement of tax liabilities, including any applicable estate taxes and the decedent's final personal income taxes, is an important part of the probate process in Florida. The executor or administrator is responsible for assessing and addressing these obligations to comply with state and federal tax laws before the estate can be closed and assets distributed to beneficiaries.
Is it possible to avoid probate with a will in Florida?
Having a will does not automatically avoid the probate process in Florida. However, estate planning methods such as living trusts, beneficiary designations, and joint property ownership with survivorship rights may reduce or eliminate the need for probate, allowing for the transfer of assets to beneficiaries.
What happens in probate if there's no will in Florida?
In Florida, if a person passes away without a will, their estate is distributed according to the state's intestacy laws. These laws establish a default method for dividing assets among surviving relatives, prioritizing close family members such as spouses and children. This process follows statutory guidelines and does not take into account any specific wishes of the deceased.
Settle Estates with Assistance, Schedule a Consultation
Probate and estate planning involve various legal procedures. At CLS Law Firm, our attorneys provide legal support to assist clients with probate administration, guardianship matters, and trust planning. We work to help ensure that estates are settled in accordance with Florida law and that clients understand their options throughout the process.