When you’ve lost someone close to you, the last thing you need is the stress and confusion of trying to navigate probate on your own. You’re dealing with enough emotional challenges, let us handle the legal ones. A Miami probate attorney can guide you through the probate process and help you handle estate administration with clarity and care.
At Alexander Gil, PLLC., our experienced Miami probate lawyers understand what you’re going through. We know that probate can be overwhelming, especially when you’re already grieving. That’s why we’re here to guide you through the process with compassion, clarity, and a commitment to protecting your interests.
Probate doesn’t have to be a mystery. We’ll explain your rights and responsibilities and ensure your loved one’s wishes are carried out as efficiently and effectively as possible. You deserve personalized attention and support during this difficult time. Contact Alexander Gil, PLLC., today to schedule a consultation.
What is Probate Administration?
Probate administration is the legal process through which a deceased person’s estate is distributed to heirs and designated beneficiaries, and debts are paid to creditors. A personal representative, usually a trusted family member or a close friend, administers the estate with the court’s help.
Whether you are the executor or an heir of the probate estate, you may not understand the probate process. Alexander Gil, PLLC., can share the responsibilities of an executor or take over and ensure heirs know what to expect. Our role includes:
- Notifying beneficiaries that the estate exists, identifying the executor, providing a copy of the inventory, providing copies of court filings, explaining documents that require a beneficiary’s signature, etc.
- Providing regular estate accountings to explain expenses paid for out of estate funds.
- Distributing estate funds to all beneficiaries properly and at the same time.
If you want to avoid probate, Alexander Gil, PLLC., can help you plan responsibly for the future and navigate the probate process. Court processes are time-consuming, costly, and a matter of public record. They also allow family members to contest the will. Estate planning tools like trusts, establishing joint ownership of assets, and Payable-on-Death (POD) and Transfer-on-Death (TOD) accounts are all ways to avoid probate successfully.
How the Probate Process Works in Florida
Probate is often associated with lengthy and costly procedures, but with the right guidance, it can be a more manageable experience. Our probate attorneys at Alexander Gil, PLLC., are here to guide you through the process, help you avoid common pitfalls, and ensure that your loved one’s wishes are respected and their estate is distributed accordingly.
In Florida, there are three main types of probate:
- Formal Administration: This is the most common type of probate, where a personal representative is appointed to inventory assets, pay creditors, and distribute the property. Our Miami probate lawyers can provide valuable assistance throughout this process.
- Summary Administration: Estates may qualify for this simplified probate process if the decedent passed away at least two years ago or if the estate’s value is $75,000 or less. Summary administration is less complex, allowing for faster asset distribution.
- Ancillary Probate Administration: This type of probate applies when a non-Florida resident who owns property in the state passes away. Ancillary probate occurs simultaneously with the primary probate in the decedent’s state of residence.
If you’re unsure which type of probate applies to your situation, our experienced attorneys can assess your case and provide guidance. We’ll be by your side every step of the way, from validating the will to inventorying assets and handling taxes and debts, making the process as stress-free as possible.
Which Assets Pass Outside of Probate?
It’s important to note that not all assets in Florida are subject to probate, which can provide some relief during this difficult period. Non-probate assets include:
- Property held in a trust
- Joint tenancy property
- Payable on death and transfer on death assets
- Life insurance payouts
- Retirement accounts with designated beneficiaries
Our knowledgeable Miami probate lawyers can review your loved one’s estate and explain which assets will and won’t need to go through the probate court, providing you with a clearer understanding of the process ahead.
Avoiding Family Conflicts and Handling Probate Disputes
Losing a loved one is never easy, and the probate process can be overwhelming for those left behind. While most estates go through probate without issue, legal challenges can arise.
For example, someone may contest the will, or creditors may file claims against the estate. In these situations, having a Miami probate lawyer by your side is crucial.
Alexander Gil, PLLC., can help defend the estate against challenges and ensure that the process is completed in a timely manner. Our attorneys can represent the estate during will contests and creditor claims, ensuring that your loved one’s wishes are honored and debts are paid fairly.
Client Reviews
"I can’t say enough good things about Alex and his team. When my aunt lost her husband, she was left with nothing in her name and felt completely overwhelmed. Alex stepped in with so much compassion, patience, and expertise. He explained every step of the process clearly, fought hard for her rights, and truly made us feel like family was looking out for us.
His assistant Abby and paralegal Danielle were just as incredible—always responsive, kind, and on top of every detail. Together, they made a very difficult situation so much easier to navigate.
If you need a lawyer who is not only skilled but also genuinely cares about his clients, Alex is the one you want in your corner. We’re forever grateful."
Sharing my experience with AG PLLC in the hopes it helps someone else in need. Unfortunately, my father passed away early in 2025 and while he did have a will written out and notarized, it was not up to the current legal requirements, and I needed legal assistance to get his estate settled. I spoke with two attorneys, Alex and another. The other told me about all of these aspects of my father's estate that would need to be settled and frankly the entire call gave me anxiety and concern for getting the estate settled. Additionally, the estimated cost for that attorney provided for taking on the case added to the concern and anxiety I had. Fortunately, I had spoken to Alex first and already had some context and understanding for what the path forward would look like. Compared to the other attorney I spoke with, it was hardly a comparison. Alex calmly walked me through what would be entailed in settling my father's estate with Miami Dade and did not impress on me all of these various aspects of the case that could be cause for concern. His law firm were able to get my father's will admitted and accurately summarily judged from the courts and the fee for retainment was quite fair in my opinion. Granted, I've never gone through this experience before, but I have been satisfied with the legal counsel and support the law firm provided me. 10/10 recommend using this law firm for the services they specialize in. I want to also call out his paralegal team who have been no less than best in class service and help. I hope this review helps out anyone going through a similarly tragic experience I went through when my father passed.
Alex and his team were fantastic! They helped me legally navigate a difficult time going through the Probate process. Alex also helped me & my wife get our Trust set up & active. I would absolutely recommend them for your legal needs.
FAQs about Probate
While hiring a probate lawyer is not mandatory in Florida, it’s highly recommended. The probate process can be complex, and having a knowledgeable attorney can help you avoid costly mistakes and delays. A lawyer can also represent you during legal challenges and ensure the estate is distributed according to the law.
The cost of probate in Florida varies depending on the complexity of the estate and the attorney’s fees. Generally, the costs include court, attorney, appraisal, and executor fees. The executor fee is usually a percentage of the estate’s value, and the attorney fee is typically based on an hourly rate or a percentage of the estate’s value. It’s best to consult with a Miami probate attorney to better understand the costs.
In Florida, an estate has to be worth more than $75,000 to go through formal probate proceedings. An estate worth less than $75,000 may be eligible for summary administration. It’s best to consult a probate attorney to determine if your estate needs to go through probate.
To start the probate process in Florida, you must file a petition for administration with the probate court in the county where the decedent resided. You’ll also need to provide a copy of the will (if there is one) and a death certificate. The court will appoint a personal representative to manage the estate’s affairs. It’s best to consult with a Miami probate attorney to ensure you follow the correct steps and guide you through the process.
Formal administration—the most common type of probate—can take six to nine months without complications. Any disputes or issues may cause a delay. On the other hand, summary administration is typically completed within three weeks, with many estates being processed in as little as two weeks.
We understand that this can be a difficult and stressful time, and we’re here to provide guidance and support every step of the way. Rest assured that your Miami probate lawyer will take the time to carefully evaluate the estate and discuss the expected timeline with you.
Contact Our Probate Lawyers in Miami Today
Are you ready to start planning your estate or facing probate? Don’t navigate the process alone. Let us guide you through the legal complexities and protect your assets.
Our Miami probate lawyer is here to help you with a compassionate, patient, and personalized approach.
Contact us today to schedule a consultation and get started on securing your future and protecting your loved ones. Don’t wait until it’s too late – call us now and take the first step towards peace of mind.