The loss of a loved one is usually followed by a grieving process that can be difficult and stressful. It can become even more complicated if you are also responsible for administering the estate they left behind.
Our Coral Gables probate lawyer at Stivers Law can help you successfully fulfill your duties and responsibilities as Executor.
We’ll help you gather and value assets, manage debts, and ensure the proper distribution of assets according to the decedent’s wishes. With our team on your side, you can focus on honoring your loved one’s memory while leaving the legal work to us.
What Happens During the Probate Administration Process?
The estate left behind by a loved one may include real property, personal property, and intangible property. Those assets must be secured, inventoried, and ultimately transferred to the estate’s intended beneficiaries and/or legal heirs. The legal process by which this is accomplished is called “probate”.
If a Last Will and Testament was left behind, the person named as the Executor in that Will is responsible for overseeing the probate of the estate. The terms of the Will determine how the assets are distributed.
If the decedent died intestate (without a Will), the court will appoint someone to oversee probate, and the state intestate succession laws dictate how the estate assets are distributed. Probate can be time-consuming and confusing for the person overseeing the process. To avoid making costly mistakes, it is usually best to have an experienced probate attorney assist you.
Probate Attorney Helping You Sail Through Your Florida Probate
After a family member passes away, survivors are expected to tackle closing their loved one’s estate. Probate involves attorneys, judges, and overwhelming paperwork, and it can take six months or more to fully resolve.
During this time, survivors must wait to occupy, sell, or rent their relative’s property, sometimes causing costly delays and fighting among family members.
If you have been appointed as the personal representative to an estate, your role may require you to fill out forms and perform legal processes that are completely foreign to you, with the exact requirements depending on the specifics of your loved one’s estate.
Because of this, most trustees enlist the help of a probate lawyer licensed to practice law in Florida to complete the process.
Providing Legal Help to Clients Across Florida
At Stivers Law, we provide comprehensive legal assistance to both residents and non-residents of Florida. Our virtual presence allows us to meet with clients anywhere in the world, handling their probate administration and even representing our clients in probate court without the need for them to travel out-of-state.
Best of all, we handle all cases with flat fees and no hidden charges or costs. Call our office today or complete our contact form to set up your first online strategy session.
If We Do Our Job Right, You Won’t Even Know Probate Is Going on
Each state creates its own laws for what happens to a resident’s assets after they pass away. In general, probate ensures that all the deceased’s outstanding debts have been paid and that the deceased’s property is legally transferred to named heirs.
The judge overseeing the probate case will review everything that your family member may have owned (including bank accounts, real estate, stocks, and insurance policies), allow creditors to come forward to collect debts, ensure taxes are paid, and determine which heirs and beneficiaries will receive the remaining assets.
Our goal is to make the probate process as easy as possible for you. From our first virtual strategy session, we get to know you—your situation, your problems, your goals.
If you allow us to handle your case, you can enjoy minimal stress while we provide:
- Partial or total probate requirements. If your relative lived in Florida part-time, you may only need to file probate proceedings in Florida for a single property, bank account, or other portions of your relative’s estate. We can determine how much of the estate is required to go through probate and perform partial or full probate proceedings, depending on your needs.
- A smooth transfer of assets. As an efficient and results-driven law firm, we transfer ownership of real estate, bank accounts, and other holdings to give you the access you need as quickly and hassle-free as possible.
- Regular updates. We pride ourselves on staying in constant contact with our clients, promptly returning phone calls and emails to let you know how your case is progressing.
- Litigation. If someone contests your loved one’s wishes, we will fight tenaciously for your interests in probate court. If you are an heir living outside of Florida, you may not be required to travel to Florida for the probate case.
Our legal team is ready to assist clients in Miami-Dade County, Southeast Florida, and anywhere in the United States who need help with Florida probate matters. Contact our Miami probate attorney today to learn how we can help in your first strategy session.
Why You May Need a Florida Probate Attorney If You Live Outside of Florida
A loved one’s passing is always difficult, but it is even more complicated when that relative lived in another state. Everything from planning funeral services to selling and distributing assets may involve extra legwork, which is particularly difficult if you are unfamiliar with the area where your loved one spent their final years.
Florida’s probate and inheritance laws are complicated, and even simple estates can involve a great deal of paperwork, phone calls, and court processes. Fortunately, Stivers Law can handle all legal matters related to Florida probate, no matter where our clients reside. We handle probate cases remotely via email and phone, ensuring that beneficiaries receive their intended inheritance without the need to travel.
Why Do I Have to Go Through Probate in Florida If I Don’t Live There?
The law usually requires probate proceedings to take place in the state where the decedent’s property is located. If your relative owned immovable assets (like a home or other real estate), probate is likely opened in the state where the assets are located. If your loved one owned property in more than one state, you could end up handling multiple probate proceedings in different locations.
You may need the help of a licensed Florida probate attorney if:
- Your loved one lived in Florida at the end of his or her life
- Your loved one had a house, vacation home, or timeshare in Florida at the time of death, and you are trying to put the property on the market
- Your loved one held real estate, bank accounts, or other assets in Florida
- Your loved one shared ownership of a property in Florida with someone else
Why We’re the Smart Choice to Serve as Your Coral Gables Probate Attorney
We work with clients nationwide who need to go through probate quickly, efficiently, and with minimal stress. Whether you require full or partial probate proceedings, we talk to our clients like real people, streamlining the process to make our clients’ lives as easy as possible.
Why should you choose us for your loved one’s probate proceedings?
- You can stay home. You don’t need to come to probate court, or even to our offices. Our attorney can meet with you remotely and discuss your needs and biggest concerns, sending you all necessary documents electronically. We also stay in constant communication with you as probate progresses, ensuring you are informed every step of the way.
- We practice law statewide. Only attorneys who are licensed to practice law in Florida can file a Florida probate proceeding. While our offices are located in Coral Gables, we can handle probate cases in any county in Florida, making us ideal for cases that involve multiple properties across the state.
- We are familiar with local courts and laws. As locals, we know the unique state requirements of closing an estate as well as the inner workings of the probate court. We also act as your “boots on the ground” in Florida, able to investigate any holdups or delays in your case.
- We have a network of trusted professionals. Many of our clients are tasked with clearing out, listing, or selling a loved one’s Florida property—and they may not know where to start. If you need help, we can act as a full-service concierge for all of your needs, connecting you with removal and cleaning services and a local realtor who can help you sell the property.
- We let you know your options. We provide a 30-minute strategy session with every potential probate client to learn the specifics of their case. Once you know where you stand, you can retain our services or move forward on your own with a better understanding of the process.
No matter what you require, Stivers Law can help you get it done from start to finish. Contact us to set up your first strategy session today.