Coral Gables Probate Lawyer
Firm Representation Through the Complex Probate Process
Probate occurs once a person passes away with a will or no estate plan at all. It is the legal process that involves collecting a deceased person's assets and distributing them to their loved ones. If a will is left behind, it can make probate a much smoother and more cost-effective procedure. This is because their affairs are in order and instructions are left behind regarding how they want their property distributed. However, the will must still be probated before these tasks can be completed. If you are experiencing the death of a loved one and facing the stressful and complex process of probate, our Coral Gables probate lawyers are here to offer their exceptional services. We are dedicated to representing their interests in probate court so that they can better focus on moving on from their great loss.
Different Forms of Probate in Florida
There are different variations of the probate process depending on the size and nature of the decedent's estate decedent as well as when they passed away. These types of probate include:
- Summary Administration: This type of simpler probate occurs if it has been two or more years since the decedent passed or if their eligible property is valued below $75,000. The executor named within the will or an heir of the decedent must file a petition for summary administration in order to initiate the process.
- Formal Administration: Also known as the regular form for probate, formal administration is needed when the estate does not qualify for the simpler form. If a will is left behind, it must be proven valid by the probate process. The executor or person who is held responsible for the estate is in charge of making sure that the terms of the will (if there is one) are followed, the affairs of the decedent are in order and that the assets are accurately dispersed.
- No Probate: When a person dies and leaves behind very little property, probate may be able to be avoided. This can either occur when no real estate property is left behind, when their property is valued above the amount of debt or expenses that have accumulated or if their assets are creditor-exempt. Whatever amount of assets that are left behind can be used to pay for the funeral expenses.
Have you recently lost a loved one and need help through the probate process?
Probate can be a very costly, time-consuming and frustrating process to handle - especially after the death of a loved one. Our legal team of representatives is here to equip you with the counsel, understanding and representation needed to ease your pain and help you successfully tackle probate. If you are in need of an experienced probate attorney in Miami, now is the time to contact Gautier & Hasty, P.L.!