What is Probate?

Probate is a legal process overseen by a court to manage and distribute a deceased person’s estate. It involves:

• Confirming the validity of a will (if present)

• Cataloging and valuing the deceased’s assets

• Notifying creditors and settling debts

• Addressing taxes and legal costs

• Distributing remaining assets to heirs or beneficiaries

In Florida, probate is typically required for assets held solely in the deceased’s name. The process varies depending on the estate’s size, complexity, and whether a will exists, following either the will’s instructions or Florida’s intestacy laws if no will is present.

Not all estates in Florida require formal probate. Depending on the estate’s size, complexity, and asset structure, it may qualify for a simplified process or bypass probate entirely.

Types of Probate in Florida:

- Formal Administration: Used for larger or complex estates, this court-supervised process involves appointing a personal representative, notifying creditors, and distributing assets per the will or intestacy laws.

- Summary Administration: A streamlined option for estates valued at $75,000 or less (excluding exempt property) or when the decedent has been deceased for over two years. It’s faster and doesn’t require a personal representative.

- Disposition Without Administration: For very small estates, probate may not be needed if only funeral or medical expenses remain, allowing direct reimbursement without court involvement.

Assets That Avoid Probate:

- Property held jointly with rights of survivorship

- Life insurance policies with designated beneficiaries

- Bank accounts with payable-on-death (POD) or transfer-on-death (TOD) designations

- Assets held in a trust

How Can Messina Madrid Law Help?

At Messina Madrid Law, we recognize the emotional and legal challenges of losing a loved one. Our Miami probate attorneys provide comprehensive, compassionate support to streamline the probate process, minimizing stress and ensuring efficiency.

Our Probate Services Include:

• Filing the Petition for Probate: We manage all necessary legal documents and court filings to start the probate process accurately and promptly.

• Support for Executors & Personal Representatives: If you’re appointed as an executor or administrator, we guide you through your duties, including asset inventory, debt settlement, and distribution to beneficiaries.

• Will Validation & Interpretation: We verify that the will complies with Florida law and resolve any ambiguities or disputes to ensure its proper execution.

• Managing Creditor Claims & Estate Debts: We handle creditor notifications, assess claims, and protect estate assets from unwarranted payouts.

• Resolving Beneficiary Disputes: We mediate inheritance conflicts to avoid prolonged disputes and costly litigation, fostering fair resolutions for all parties.

• Formal & Summary Probate Administration: Whether your case requires full court oversight or qualifies for simplified summary administration, we manage every step efficiently.

• Asset Distribution & Estate Closure: After probate, we ensure assets are distributed correctly to heirs and finalize the estate’s legal closure.

Messina Madrid Law is dedicated to making the probate process as seamless as possible, providing expert guidance tailored to your needs.

Frequently Asked Questions About Florida Probate

1. How long does probate take in Florida?

The timeline varies depending on the complexity of the estate. Summary administration can be completed in a few months, while formal probate typically takes 6–12 months. If disputes arise, the process can take longer.

2. What happens if there is no will?

If someone dies without a will, their estate is distributed according to Florida’s intestacy laws, which prioritize spouses, children, and other close relatives. Our legal team can help you understand how this affects your situation.

3. How much does probate cost?

At Hadeed Legal, we offer flat-rate pricing for probate cases, so you know exactly what to expect with no hidden fees. Costs vary based on the estate’s complexity, but we work to keep the process efficient and cost-effective.

4. Do I need a probate attorney?

While Florida law does not require an attorney for small estates, having a probate lawyer ensures that all legal requirements are met, delays are minimized, and disputes are handled properly. A probate attorney can also help reduce the risk of personal liability for executors.

5. Can I sell my loved one’s home during probate?

Yes, but court approval may be required. We guide personal representatives through the legal steps to sell property during probate while ensuring compliance with Florida law.