Probate in Miami can be a time consuming and confusing process for anyone to go through. There are many things to consider and so many steps to take to initiate and complete the process of probate, said MiamiProbateAttorneys.net. The best course of action is to seek the advice of a qualified probate lawyer who has experience dealing with the probate process in Miami. He or she will help you in obtaining the right forms, filling them out correctly and filing them with the proper agencies.
Probate simply means that the dead body of a person has been cremated and the remains have not been buried. The will is usually signed by the deceased person’s last living spouse or children and is then presented to the probate judge for approval. Probate works with the fact that a will contains a series of important details about the testator and his/her personal circumstances that will impact the way the estate is distributed. Those details must be honored because they take precedence over other state laws.
Probate in Miami works with a few different approaches. One of them is called assignment of probate in which the testator’s will is physically placed with a funeral home on a day that is convenient for everyone involved. Then a list of beneficiaries is chosen. A probate administrator is then appointed. The administrator is responsible for managing the estate, completing necessary paperwork, performing the final administrative duties and ensuring that all requirements are met.
An estate plan will be established for the benefit of the testator’s minor children or family. This plan will outline how the property and/or assets will be divided between the minors and their attorneys. If a trust is set up, the testator’s personal belongings will be transferred to the trust. Another approach is a revocable living trust, which allows the testator to control the distribution of funds and assets. This type of trust is much less common than the others.
The process of probate in Miami can be a long, drawn out process. This is not so if an experienced probate attorney is representing the testator. Because the process can be complicated, the person or persons who end up having to go through it should do all that they can to make sure it is as smooth as possible. The best way to do this is through good legal representation. This will ensure a fair process, even if the odds are against the claimant.
Probate in Miami can be a complicated process. When that happens, seeking a skilled professional is the best thing to do. A probate attorney in Miami can ease the entire process.