Miami Probate Lawyer—Guiding Families & Executors Through the Probate Process
What Is Probate in Florida?
Probate is the court-supervised process to transfer a person’s assets after they pass away. If your loved one lived in Miami, probate usually happens in Miami-Dade County’s probate court. Not every asset goes through probate (joint accounts, life insurance, and assets with named beneficiaries often transfer outside of court), but assets in the decedent’s name alone typically require it. Probate ensures debts are paid, the will (if there is one) is validated, and what’s left goes to the rightful heirs.
Steps in the Miami Probate Process—What to Expect
File the Will & Open the Estate
File the will and petition with the Miami-Dade court; Martin prepares and files all necessary paperwork.
Personal Representative Appointment
The court appoints a Personal Representative (executor), usually the person named in the will or a close relative.
Notice to Beneficiaries & Creditors
Heirs and creditors are notified; a notice is published for unknown creditors.
Inventory Assets
The estate’s assets are identified and valued.
Pay Debts & Taxes
Martin ensures legitimate debts, taxes, and expenses are paid from the estate.
Distribute Assets
Once approved by the court, assets are distributed to beneficiaries.
How Martin Berg Supports You—From Start to Finish
Probate comes at a difficult time. Martin takes the burden off your shoulders by:
- Handling all court filings, deadlines, and paperwork
- Guiding the Personal Representative on legal duties (like opening the estate account or selling property)
- Answering your questions, such as “Can I sell the house?” or “How do I handle disputes?”
- Troubleshooting issues with creditors, heirs, or asset transfers
Clients often share, “When my mother passed, I felt lost—Martin guided me through probate and handled everything professionally, which was a huge relief.”
Get the Answers You Need to Plan with Confidence
Probate FAQs—Your Most Pressing Questions Answered
Q: What is the probate process in Florida when someone dies?
A: File the will, appoint an executor, notify heirs and creditors, pay debts/taxes, and distribute assets under court supervision.
Q: How much does probate cost in Florida, and do I need a lawyer?
A: Costs vary based on estate size and issues, but a lawyer helps prevent expensive mistakes and can often save time and money overall.
Q: How long does Miami-Dade probate take?
A: Simple cases (summary administration) can be completed in a few months; formal probate often takes 6–12 months or more if there are disputes.
Q: What if there’s a conflict over the will or inheritance?
A: Martin represents executors or beneficiaries in contested probate, protecting your interests in and out of court.
Q: Can I handle probate myself?
A: While possible for small estates, most families benefit from professional guidance—Martin keeps everything compliant and on track.
Executor or Beneficiary? Get Step-by-Step Guidance, Not Overwhelm
Facing probate after a loved one’s passing? Don’t take on the stress alone. Martin Berg supports families and executors across Miami, Hialeah, Brickell, South Miami, and Kendall—handling every legal detail so you can focus on what matters most.