Miami Beach Probate Lawyer

Miami Beach, Florida is a seaside resort city in Miami-Dade County. It was integrated on March 26, 1915. Miami Beach’s projected population is 92,307 according to the latest U.S. census estimations. Miami Beach is the twenty-sixth biggest city in Florida based on legitimate 2017 estimations from the U.S. Census Bureau. It has been one of this country’s renowned beach resorts since the early 1900s.

Miami Beach’s Art Deco Historic District was listed in 1979 on the National Register of Historic Places. This district has the world’s biggest collection of Art Deco construction and consists of numerous hotels, apartments, and other constructions built between 1923 and 1943.

Opening a Formal Probate Estate in Florida: The Petitions

The state of Florida shows off an efficient probate procedure called “summary administration” that might be utilized by estates with under $75,000 worth of possessions, or estates where deceased individuals have been dead for over two years. Estates that do not satisfy these conditions must adhere to the more arduous probate court-managed procedure called “Formal Administration. Out of the six documents required to begin a formal probate estate in Florida, only two of them are petitions.

Petition for Formal Administration

A petition for formal administration must include the following details:

1. All related information about the individual filing the petition, consisting of name address, interest in the estate, and the name and address of the petitioner’s probate lawyer.
2. All related information concerning the deceased person, consisting of official name, previous address, age when he or she died, the last four numerals of the Social Security number, where the individual died, and state and county of residence.
3. All related information about the estate’s beneficiaries, consisting of official names, addresses, birthdates of any juveniles, and how the beneficiaries are related to the deceased person.
4. The purpose for selecting the county where the petition is being filed, for probating the deceased person’s estate.
5. The purpose for appointing the selected personal representative, or executor, and a list of his or her attributes to function according to Florida law.
6. An enumerated list specifying the worth and description of the deceased person’s assets.
7. A declaration if an estate will be needed to file federal estate tax return, IRS Form 706.
8. A declaration if the deceased person had a Last Will and Testament, a statement ascertaining every unrevoked will, and any codicil, an amendment to the wills.
9. A declaration if the deceased person did not have a Last Will and Testament.
10. A declaration maintaining that after the use of reasonable diligence, the petitioner could not find any will or codicils.

Petition to Waive Bond

If the deceased person had a Last Will and Testament, the document will normally ask that the bond be relinquished. If the deceased person did not have a Last Will and Testament, a “Petition to Waive Bond” might be filed with the probate court, as well as joinders, waivers, and consents endorsed by all the heirs. In either case, there is no assurance that the probate judge will allow this request.