Probate is the judicially supervised period between a person‘s death and the distribution of their property. The decedent’s assets are collected and their debts are paid before the person managing the estate can distribute the remaining property to the decedent’s heirs and beneficiaries.
Although the tasks that must be accomplished during probate are similar across the country, each state has its own procedures and rules. Work with a probate attorney from The Florida Probate & Family Law Firm to learn about the unique aspects of probate in South Miami.
Generous Probate Exemptions
Typically, any property that is owned solely by the decedent and has no named beneficiary must be probated. Florida allows substantial property to pass to family members without going through probate.
If the decedent owned a home in the state and used it as their primary residence, it may qualify for homestead protection. If the decedent owned it solely in their own name, it may still need to go through probate, but it can be protected from creditor claims. A South Miami attorney understands these unique rules and can present a petition to the Probate Court to designate a property as a homestead.
Florida Statutes § 732.402 allows family members to keep designated property out of probate. This includes furnishings and personal property up to $20,000 in value and two vehicles of less than 15,000 pounds that family members can keep as their personal vehicles.
What Are the Rules About Personal Representatives?
An estate must have a personal representative to manage probate. If the decedent left a will, the Probate Court judge appoints the person named in the will as executor. When there is no will, the court appoints the decedent’s surviving spouse, child, or another relative in most cases.
One notable aspect of South Miami probate law is that the personal representative must be at least 18 years old and a Florida resident. A non-resident can be a personal representative only if they are a close relative to the decedent, like a spouse, parent, or child.
A person is disqualified if they have any felony convictions or a conviction of a crime involving elder abuse or exploitation. A personal representative also may be disqualified if they lack the physical or mental capacity to carry out their responsibilities. An attorney can advise a family about who might be the best candidate for the role if a family member is disqualified or unwilling to take on the responsibility.
Legal Assistance Mandate
The law requires personal representatives to hire a lawyer licensed in Florida to guide them through the probate process. Funds to pay the attorney come out of the estate property.
There is an exception when a single person inherits all a decedent’s property and serves as the estate’s personal representative. In addition, no attorney is required for smaller estates that can be managed through summary probate administration or disposition without administration.
An experienced probate attorney in South Miami is familiar with the specific rules and customs in the local Probate Courts. They can be a valuable source of guidance and support throughout the process.
Get Guidance on the Unique Aspects of Probate from a South Miami Attorney
Managing probate is tedious and stressful, and it is essential to do it correctly. It is common for personal representatives to find the job overwhelming.
Our law firm can offer wise advice about the unique aspects of probate in South Miami. Contact us today to discuss your situation with a member of our probate team.