When a loved one passes away, the legal process of managing their estate — known as probate — can feel overwhelming. If you’re in the 33139 ZIP code area of Miami Beach, working with a qualified probate lawyer in Miami Beach can make all the difference. From navigating the Florida probate courts to preparing vital estate planning documents like wills and trusts, having the right legal guidance ensures your family’s future is secure.
What Is Probate?
Probate is the legal process through which a deceased person’s estate is settled. This includes validating their will (if one exists), paying off debts, and distributing assets to heirs or beneficiaries.
Florida Probate Types
In Florida, there are two primary types of probate:
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Formal Administration: Required for larger estates or more complex situations.
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Summary Administration: A faster option for smaller estates under $75,000 or when the person has been deceased for over two years.
A probate lawyer in Miami Beach can determine the most appropriate type for your situation.
Why You Need a Probate Lawyer in Miami Beach
The probate process involves court filings, deadlines, potential disputes, and deep knowledge of Florida probate law. If you’re not a legal expert, trying to do it alone can be risky.
A probate attorney can:
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Guide you through court procedures
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Handle filings and legal paperwork
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Resolve disputes between heirs
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Help interpret and execute wills and trusts
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Represent you in contested probate cases
This is especially important for residents or family members managing probate in Miami Beach’s 33139 area, where local nuances may affect how the case proceeds.
Understanding Wills and Trusts in 33139
A clear will or trust is the foundation of any good estate plan. If your loved one passed away without a valid will (called intestate), Florida’s intestate succession laws will determine how assets are distributed.
A 33139 wills and trusts attorney can help with:
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Drafting a legally binding will
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Setting up living trusts to avoid probate
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Creating guardianship directives
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Updating documents after life changes (marriage, divorce, new child)
Miami Beach Estate Planning Services
Aside from probate, many Miami Beach residents also seek help with estate planning to protect their assets and avoid probate entirely.
Services often include:
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Revocable and irrevocable trusts
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Durable powers of attorney
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Healthcare directives and living wills
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Business succession planning
By working with a probate and estate planning attorney, you can make sure your wishes are honored, and your loved ones are protected.
Local Insight: Miami-Dade Probate Courts
All probate matters in Miami Beach (33139) fall under the jurisdiction of the Miami-Dade County Probate Division. A local probate lawyer will already know the court clerks, judges, and processes that can affect the timing and outcome of your case.
How to Avoid Probate in Florida
Many families prefer to avoid probate altogether. Here’s how:
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Create a revocable living trust
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Add beneficiary designations on financial accounts
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Use transfer-on-death (TOD) or payable-on-death (POD) clauses
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Own property jointly with rights of survivorship
A skilled Miami Beach estate planning attorney can implement these strategies to help you avoid lengthy court involvement.
Frequently Asked Questions
How long does probate take in Miami Beach?
It depends. Summary administration might take a few weeks, while formal probate can take 6–12 months or longer.
Can probate be contested?
Yes. Heirs can challenge the will, claim fraud, or argue improper influence. This is where a probate litigation attorney becomes essential.
What happens if there is no will?
Florida’s intestacy laws apply. The estate is divided among surviving relatives in a specific legal order.
Speak with a Probate Lawyer in Miami Beach (33139) Today
Dealing with probate doesn’t have to be stressful. Whether you’re managing a loved one’s estate or planning your own, our experienced probate lawyers in Miami Beach are here to help. From 33139 wills and trusts to full estate administration, we provide compassionate, local legal support you can trust.
Schedule a free consultation with a Miami Beach probate attorney today.
