Opening an Estate in Probate Court with Our Office in Coral Gables

The probate process is a way for heirs to receive property after a person’s death. Not only is this process necessary for distribution of probate assets, but it is also a requirement under state law. The courts do not act to initiate these cases on their own. Instead, they rely upon the personal representative, executor, or curator of the estate to start the process.

Opening an estate in probate court with our office in Coral Gables requires an understanding of the law and the ability to obtain all the necessary information. Our probate attorneys can provide essential support during this important time to help you submit a formal petition to the proper court.

When is a Petition for Probate Necessary?

Probate is a legal process that must occur after a person’s death. In fact, probate is the only legal way for heirs and debtors to receive their fair share of estate property after someone’s death.

As important as this process is, it is never automatic. Instead, Florida Statute §733.202 says that any interested party may submit a petition to a branch of the court to initiate proceedings. An interested party may include:

  • Heirs named in a will;
  • Family members who might stand to inherit property;
  • Nominated estate administrators;
  • Debtors with an interest in the decedent’s estate.

A Coral Gables attorney can provide more information about the role of probate and the parties who have the legal authority to begin the probate process for an estate.

How an Attorney Could Help with Opening an Estate in Probate

Every step that occurs during probate is essential for determining the property rights of all heirs. The submission of a formal petition for the opening of probate is no exception. These petitions must contain vital information about the decedent, surviving family members, and the will. A complete petition may include a copy of the decedent’s most recent will if they passed away with a last will and testament.

Obtaining this information can be difficult. Many people do not know where to look to obtain a copy of a person’s will. It may be in an attorney’s office, a bank deposit box, or another secure location. It can also be a complex undertaking to locate and contact all of the decedent’s relatives.

Finally, the petition itself must take on the proper form and go to the correct branch of the court. An attorney in Coral Gables may be able to help with each of these vital tasks in opening an estate in probate and complete them within in a timely manner.

Reach Out to an Attorney about Opening an Estate in Probate Court at Our Coral Gables Office

Opening an estate in probate court at our office in Coral Gables is always the first step in ensuring that all named heirs receive their proper share of property after a person’s death. The burden lies on heirs, administrators, or family members to initiate the process. This requires obtaining information about the decedent, their property, heirs, and the possible will.

A lawyer could help you to file the necessary petitions in court. They are prepared to take the lead in obtaining information, locating a will, and drafting comprehensive petitions for probate that start the process as soon as possible. Contact our office now to learn more.