Aventura Probate Lawyer

Aventura, Florida is a developed, residential municipality in the northeast section of Miami-Dade County. It is seventeen miles north of Miami. The name of the municipality originates from the Spanish word meaning “adventure”. The 2010 U.S Census estimated that 35,762 people populated this municipality. Being originally called Turnberry, Aventura started to be created during the early 70s and turned into an integrated municipality in 1995. Two years later, the Aventura Police Department was established. The Aventura Mall is also located in Aventura. It is the third-biggest shopping center in the United States and was constructed in 1983. This mall is an enterprise of Turnberry Associates and Simon Property and generates a main source of earnings to Aventura. Ex-U.S. President Bill Clinton spoke at the Aventura-Turnberry Jewish Center in early 2001.

What is Probate in Florida?

Probate is a procedure manage by the court for classifying and collecting the possessions of a dead individual who is known as a decedent, recompensing the debts of the decedent, and issuing the property of the decedent to his or her heirs. The Florida Probate Code is in Chapters 731 to 735 of the Florida Statutes, and the rules regulating Florida probate procedures are in the Florida Probate Rules, Parts I and II. According to Florida law, two kinds of probate administration exist: formal and summary. “Disposition of Personal Property Without Administration” is an administration procedure, which is not managed by the court. This kind of administration is only relevant in restricted situations. Probate administration is only pertinent to probate assets. Probate assets are assets that the dead person possessed in his or her exclusive name when he or she died, or that were possessed by the dead person and at least one co-owner and required a stipulation for automatic ownership succession when the individual dies.

Probate assets consist of, but are not restricted to, the following items:

• A bank or investment account in a decedent’s exclusive name.
• A life insurance policy, annuity contract, or individual retirement account due to the estate of the decedent.
• Real estate designated in the decedent’s exclusive name or in the name of the dead individual and another individual as tenants in common, is a probate asset if it is homestead property.

Probate is needed to transfer possession of the dead person’s assets to his or her heirs, if the person in question did not have a will. Probate is also required to end the dead individual’s economic matters following his or her demise. Administration of the dead person’s estate guarantees that this individual’s creditors are paid if specific proceedings are exactly adhered to.

Probate procedures are filed with the circuit court clerk, normally in the county in which the dead individual resided when he or she died. A filing fee is needed and ought to be paid to the clerk. After the person files for probate, the clerk then designates a file number and looks after a continuous record of every document filed with the clerk for the administration of the dead individual’s probate estate.