Hialeah Probate Lawyer

Hialeah, Florida is a municipality in Miami-Dade County. The 2018 U.S. Census stated that 239,673 people lived there, making it the sixth-biggest city in Florida. Hialeah is a main city of the Miami urban region, which was populated with about 6,012,331 individuals. It is situated west by northwest of Miami and the sole location in the county, other than Homestead, Florida, to have its own street grid numbered individually from the rest of the county. In 1921, Hialeah caught the eye of Glenn Curtiss, a pioneer aviator, and James H. Bright, a cattleman from Missouri. Both men created not just the town of Hialeah but Hialeah Park Racetrack as well. It was incorporated into Miami-Dade County in 1925.

When a Person Dies with a Will in Florida

For an individual’s will to be considered legal according to Florida inheritance laws, the person must personally authorize in front of at most two witnesses. Nevertheless, if an injury, sickness, or other physical damage hinders the individual for authorizing him or herself, he or she can direct another person to authorize it in his or her presence. Following this, the witnesses are also needed to endorse the will. A legal will also selects an executor who will deal with the distribution of all property listed as part of the estate, together with clearly labeled beneficiaries for every piece of property. When the deceased person has passed away, the person who has possession of the legal will must file with the local court no later than ten days following the death. From there, one of three situations will unfold: disposition without administration, summary administration, and formal administration.

Disposition without administration is intended to utilize the worth of a deceased person’s estate reimburse the person who paid for his or her last costs like a funeral. Then again, it can only be filed if the deceased person possessed no land or real estate and his or her remaining assets either do not cover any last costs or they cannot be utilized to recompense the official debts of the estate. In this situation, the court does not intervene, though the person still must file his or her demand.

Summary administration is the next option and entails some consideration from the court. The individual must start the procedure by filing a “Petition for Summary Administration,” declaring that the person would wish the estate to be inherited by the deceased person’s heirs through the executor listed in the will. This alternative is only appropriate, though, if the estate’s probate value is under $75,000 or the death occurred over two years ago.

The most extended procedure and ultimate final course of action is formal administration and begins with the court choosing if the will is legal in accordance with Florida law. If so, the executor designated in the will is given the capacity to deal with the deceased person’s wishes as they are listed, though the court will see to make certain the will is distributed properly.