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Fort Lauderdale Intestate Probate Attorneys

South Florida Intestate Probate Attorneys

Lawyers in Wilton Manors for Navigating Intestate Probate

Intestate probate is the process of administering an estate through the Florida probate process when the decedent did not leave a will. This situation can be upsetting - when estate planning is not discussed, it may come as a surprise to survivors that it was never done. When this happens, the laws of intestacy govern who will inherit estate property. Essentially, the state must take its best guess as to what the decedent probably would have done had he made a will.

If you are facing intestate probate, you may be feeling a lot of uncertainty. Intestate probate can be daunting, as can full probate and even summary probate. Law Office of Miller & Miller, P.A. strives to take as much stress out of the process as possible for our clients. Our attorneys have the experience and skill to guide even the most complex estate through the entire process of intestate probate.

Oakland Park Law Firm for Identifying Heirs in Intestate Probate

Florida intestacy law favors immediate relatives. Surviving spouses and descendants - children, grandchildren, or even great-grandchildren - take first priority. If the decedent has a surviving spouse and no descendants, the spouse takes the entire estate. If the decedent has surviving descendants but no spouse, the estate is divided evenly amongst the descendants.

If both exist, the situation can be slightly more complicated. If all of the decedent's descendants are in common with his or her surviving spouse, then all estate property passes to the spouse. The assumption is that the surviving spouse will then pass the decedent's remaining property to their common descendants when he or she in turn passes away. However, if the decedent has descendants not in common with his or her surviving spouse, half the estate goes to the spouse, and the other half is divided amongst the descendants.

Parents follow spouses and descendants in order of priority, with siblings serving as the last alternate heirs. The intestacy scheme can be complicated, and even determining who counts as a descendant can be tricky. Fortunately, our attorneys are well-versed in Florida's intestacy law, and we are prepared to help you accurately identify heirs.

Florida Intestate Estate Administration Lawyers

Depending on the size of the estate, the Law Office of Miller & Miller, P.A. will identify the correct type of probate. Smaller estates can be settled through summary administration, which streamlines the process. Larger and more complex estates will need to go through full probate.

It is also important to have an attorney involved in gathering estate property in order to identify any assets that are exempt from probate. Trust assets and certain business interests governed in a succession plan, including some stock assignments, are not subject to probate. Certain jointly owned property, such as your family home and some bank or retirement accounts, are also excluded from probate.

Whether you are facing full intestate probate for a highly complex estate or settling a small estate, our lawyers are skilled in navigating the probate process with or without a will. We strive to make the process as quick and simple as possible for our clients as well as to maximize the amount of estate property the rightful heirs ultimately receive.

Call a South Florida Lawyer for Intestate Probate

If you are facing intestate probate, the Law Office of Miller & Miller, P.A. is available to guide you through the process. Our attorneys understand the stress and uncertainty associated with intestate estates, and we will do everything in our power to take that stress off of you. Contact us at 954-981-9301 to schedule a free consultation. We represent clients throughout Broward County from our convenient Fort Lauderdale location.

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