Cutler Bay Probate Lawyer

Cutler Bay, Florida is an integrated municipality in Miami-Dade County that was formed in 2005. As of 2016, about 44,700 lived there. The Cutler Bay Steering Committee company gathered in May 2002 to talk about the creation of a community advisory committee, where the committee would counsel on the integration of the Cutler Ridge region into the city of Cutler Ridge. The choice to integrate encouraged partly by the endeavors to recuperate from Hurricane Andrew. The planned integration limits consisted of Southwest 184^thStreet on the north and Southwest 216^thand 224^thstreets on the south. Additionally, the west limit would consist of the Turnpike, U.S. Highway 1, and Southwest 112^thAvenue and Biscayne Bay would act as the east limit. In April of 2005, the Charter committee members investigated many city names. Their final decisions were “Cutler Ridge” and “Old Cutler Bay.” Voters ratified the charter seven months later and selected the name “Cutler Bay” for Miami-Dade County’s thirty-fifth town, instead of “Cutler Ridge”.

Filing a Will in Florida

A will illustrates how the individual writing it—the testator—wishes his or her property to be issued when he or she passes away and chooses an executor, or personal representative, to manage his or her estate by means of the probate procedure. However, the representative cannot manage the estate of the testator or appropriately issue his or her assets until the will is filed with the Probate Division of the testator’s local Circuit Court.

Normally, probate is the procedure where the court delegates a personal representative to manage an estate; that individual compensates the creditors of the testator and issues his or her assets to his or her heirs. If a decedent has a will, the individual possessing it must file it with the clerk of the local Circuit Court’s Probate Division just ten days after he or she learns about the deceased person’s demise. This permits the court to utilize the stipulations in the will throughout the probate procedure.

Not each case needs a complete, official probate procedure, and the court might permit an easier type of probate if the deceased person’s estate is eligible. If the estate has under $75,000 in assets or the deceased person has been deceased for over two years, the court might allow a summary administration, which is faster and less costly. If the assets of the estate do not go over the fees of the deceased person’s last expenditures, such as funeral costs, the estate might be managed by filing a petition of disposition of personal property without administration.

To begin the probate case, somebody must file a petition requesting to be designated as the personal representative of the estate, and he or she can file this petition simultaneously as he or she files the will. He or she must also present other documents like legitimate duplicates of the death certificate and a filling fee. The court can then designate a personal representative to administer the estate. Normally, the court will designate the individual name in the deceased person’s will unless no one objects.

If the deceased person possessed property in at least one state, his or her will might be probated in another state. In these instances, the delegated personal representative might petition a Florida court to put the foreign will on record. The court will determine whether to allow the will into the court records. If approved, the admission has the same influence if the will were initially allowed into a Florida court for probate, regarding the deceased person’s property within the state.