Miami Gardens Probate Lawyer
Miami Gardens, Florida is a municipality situated in north-central Miami-Dade County. The name of the municipality originates from Miami Gardens Drive, one of the main roads through the region. As stated by the 2017 estimation from the U.S. Census Bureau, 113,750 people lived here. Miami Gardens is the biggest municipality in Florida whose population is mainly African American. It is a main municipality of the Miami urban region.
In the beginning of the building of I-95 in the late 60s, numerous middle- and upper-class African and West Indian American families journeyed from Miami communities like Liberty City to what is now Miami Gardens as race-based covenants were made illegal with the Fair Housing Act, and mainly poorer African Americans relocated to the Liberty Municipality and Little Haiti communities adjacent to Liberty Square and Edison Courts. Miami Gardens was integrated on May 13, 2003. The municipality’s communities of Andover, Bunche Park, Carol City, Lake Lucerne, Norland, Opa-locka North, and Scott Lake were formerly unintegrated regions within Miami-Dade County.
Opening a Formal Probate Estate in Florida: The Other Documents
Besides the two petitions mentioned in the previous blog entitled “Probate Law in Miami Beach”, there are four other documents needed to begin a formal probate estate in Florida. They include the following:
- Waiver of Priority, Consent to Appointment and Waiver of Notice and Bond.Waivers may be endorsed by all heirs to show their evaluation and consent of the relief pursued by the Petition for Administration. In other words, the waiver clarifies that the heir does not object to the deceased person’s will and does not intend to dispute it.
- Original Death Certificate.
- Last Will and Testament. If the deceased person had a Last Will and Testament, the initial will must then be filed with the probate court. Copies of the will are unacceptable.
- Oath of Witness to Will.If the will is unsigned in front of two witnesses and a notary public, utilizing a suitable type of a self-proving affidavit according to F.S. §732.503, then the oath of one or more of the witnesses must be given in front of a Florida Circuit Court judge or clerk, or an out-of-state commissioner selected by the probate judge.
What Probate Orders are Needed?
When the probate judge has evaluated and sanctioned the Petition for Administration and pertinent documents, the judge will declare the following orders:
- Testate estates.If the deceased person passed away testate, having endorsed a legal Last Will and Testament prior to death, then the probate judge will endorse an Order Admitting Will to Probate and Appointing Personal Representative in addition to Letters of Administration. These letters are required by the individual’s personal representative to corroborate that the individual has been chosen executor, by the probate judge.
- Intestate estates. If the deceased person passed away intestate, without endorsing a legal Last Will and Testament before his or her demise, then the probate judge will endorse an Order Appointing Personal Representative and Letters of Administration.